Opinion
13524N Index No. 654268/18 Case No. 2020-01866
04-20-2021
LIDDLE & ROBINSON, L.L.P., Plaintiff–Appellant, v. Barry WILLMAN, Defendant–Respondent.
Golenbock Eiseman Assor Bell & Peskoe LLP, New York (Michael M. Munoz of counsel), for appellant. Barry Willman, respondent pro se.
Golenbock Eiseman Assor Bell & Peskoe LLP, New York (Michael M. Munoz of counsel), for appellant.
Barry Willman, respondent pro se.
Webber, J.P., Kern, Oing, Gonza´lez, JJ.
Appeal from order, Supreme Court, New York County (W. Franc Perry, J.), entered August 16, 2019, which granted, upon default, defendant's motion to reargue its motion to dismiss the complaint and, upon reargument, granted the motion to dismiss, unanimously dismissed, without costs, as taken from a nonappealable order.
Because plaintiff failed to oppose the motion for reargument, it effectively is not "aggrieved" by the resulting order, and thus is not permitted to appeal from it ( Leader v. Parkside Group, 159 A.D.3d 523, 69 N.Y.S.3d 806 [1st Dept. 2018] ; CPLR 5551).
We have considered plaintiff's remaining arguments about appealability, including the arguments that it is plaintiff's bankruptcy trustee that is "aggrieved" by the order and that the trustee should not be charged with plaintiff's failure to oppose the reargument motion, and find them unavailing.