CHARNEY v. NORTH JERSEY TRADING CORPORATION

The IAS court correctly deemed the motion by defendant North Jersey Trading Corporation and the individual defendants to be a motion to reargue. As such, no appeal lies from the denial of reargument (Matter of Hochberg v. Davis, 171 A.D.2d 192). Were we to consider the matter on the merits, we would affirm for the reasons stated by Justice Tompkins in his decision dated October 2, 1991.

Concur — Ellerin, J.P., Kupferman, Asch and Kassal, JJ.