AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

PHYLLIS GILDSTON, Indi v. dually and as Assignee of HAROLD GILDSTON, Appellant,

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.

Although the plaintiff denominated her motion as one for renewal, a reading of the papers submitted in support of the motion reveals that it was actually one in the nature of reargument. All of the facts submitted in support of the motion were available and known to the plaintiff at the time of the submission of the original motion, and she failed to raise any new facts which were previously unavailable to her ( see, Mgrditchian v Donato, 141 AD2d 513; Syracuse Bros, v Darcy, 127 AD2d 588; Galaxy Export v Bedford Textile Prods., 89 AD2d 576). Since no appeal lies from an order denying reargument, the appeal must be dismissed ( see, DeFreitas v Board of Educ., 129 AD2d 672).

Use AI to get other relevant cases.

Comments

GILDSTON v. SCHECHTER
(Nov 18, 1996)