Opinion
9368N Index 25776/14E 43140/15E 43212/16E 43195/17E
05-21-2019
Deya ALDALALI, Plaintiff, v. SUNGOLD ASSOCIATES LIMITED PARTNERSHIP, et al., Defendants. Sungold Associates Limited Partnership, Third–Party Plaintiff–Respondent, v. HKSM G.C. Co. Inc., Third–Party Defendant–Appellant. Sungold Associates Limited Partnership, Second Third–Party Plaintiff, v. Saba Live Poultry Corp, Doing Business as Saba (2) Live Poultry (Halal), et al., Second Third–Party Defendants. Sungold Associates Limited Partnership, Third Third–Party Plaintiff–Respondent, v. Henry Kessler, Third Third–Party Defendant–Appellant.
White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for appellants. Gallo Vitucci Klar LLP, New York (Kimberly A. Ricciardi of counsel), for respondent.
White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for appellants.
Gallo Vitucci Klar LLP, New York (Kimberly A. Ricciardi of counsel), for respondent.
Acosta, P.J., Richter, Manzanet–Daniels, Webber, Kern, JJ.
Appeal from order, Supreme Court, Bronx County (Donna Mills, J.), entered August 28, 2018, which, inter alia, denied the motion of third-party defendant HKSM G.C. Co. Inc. (HKSM) and third third-party defendant Henry Kessler to renew and reargue a prior motion for partial summary judgment, unanimously dismissed, without costs, as taken from a nonappealable paper.
Although denominated a motion to renew and reargue, HKSM and Kessler's motion only sought reargument of their prior summary judgment motion, and no appeal lies from the denial of a motion to reargue (see Northern Assur. Co. of Am. v. Holden, 179 A.D.2d 569, 579 N.Y.S.2d 876 [1st Dept. 1992] ).