Opinion
15637 Index No. 850027/12 Case No. 2021–02639
03-31-2022
Rudolf KATS, Plaintiff–Respondent, v. Blanca N. AGOSTO, Defendant–Appellant, Green Era Construction Corp. et al., Defendants.
Binakis Law, P.C., Astoria (Paraskevas Binakis of counsel), for appellant. Christopher J. Panny, Brooklyn, for respondent.
Binakis Law, P.C., Astoria (Paraskevas Binakis of counsel), for appellant.
Christopher J. Panny, Brooklyn, for respondent.
Renwick, J.P., Gesmer, Singh, Rodriguez, JJ.
Appeal from order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about December 17, 2020, which denied defendant Blanca N. Agosto's motion for leave to renew, deemed a motion to reargue, plaintiff's motion for summary judgment on his foreclosure cause of action, unanimously dismissed, without costs, as taken from a nonappealable order.
Although her motion was styled a motion to renew, on appeal, defendant argues only that the motion court overlooked or misapprehended the facts and law, citing CPLR 2221(d), the rule governing motions for leave to reargue. No appeal lies from the denial of leave to reargue ( Kocak v. Dargin, 199 A.D.3d 456, 458, 158 N.Y.S.3d 13 [1st Dept. 2021] ). By failing to discuss the issue of renewal in her appellate brief, defendant has abandoned any challenge to the denial of leave to renew (see Matter of Correction Officers' Benevolent Assn. v. New York City Dept. of Corr., 157 A.D.3d 643, 643, 67 N.Y.S.3d 639 [1st Dept. 2018] ).
This appeal is further barred by defendant's failure to perfect her appeal from the prior order, which resulted in the deemed dismissal of that appeal for failure to prosecute ( Pier 59 Studios, L.P. v. Chelsea Piers, L.P., 40 A.D.3d 363, 366, 836 N.Y.S.2d 68 [1st Dept. 2007] ; Grogan v. Gamber Corp., 78 A.D.3d 571, 911 N.Y.S.2d 352 [1st Dept. 2010] ; see 22 NYCRR 1250.10 [a]).
We have considered defendant's remaining contentions and find them unavailing.