Opinion
October 28, 1993
Appeal from the Supreme Court, New York County (Helen Freedman, J.).
Given that the relief defendant seeks was the very relief it had sought and was denied in the IAS Court's prior order entered July 18, 1991, and also that the IAS Court, while expressly stating that it was "adher[ing]" to such prior order, neither indicated that it was granting reargument nor addressed the merits of defendant's argument, we think it clear that the IAS Court deemed the motion to be one for reargument of the prior order, and denied reargument. Accordingly, the order is not appealable (see, e.g., Interglobal Realty Corp. v. American Std., 174 A.D.2d 436).
Concur — Murphy, P.J., Kupferman, Ross and Rubin, JJ.