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Pacella v. THC Realty Development, LP

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 2002
295 A.D.2d 329 (N.Y. App. Div. 2002)

Opinion

01-08308

Submitted April 10, 2002

June 3, 2002

In an action to recover damages for personal injuries, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Werner, J.), dated July 16, 2001, which denied their motion, in effect, for leave to reargue their prior motion for leave to file a supplemental bill of particulars.

Michael J. Regan, Sayville, N.Y., for appellants.

Kennedy Associates, Uniondale, N.Y. (Christopher F. Mansfield of counsel), for respondents.

DAVID S. RITTER, J.P., ANITA R. FLORIO, GLORIA GOLDSTEIN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.


ORDERED that the appeal from the order is dismissed, with costs, as no appeal lies from an order denying a motion for leave to reargue.

The plaintiffs' motion, denominated as one for leave to renew a prior motion for leave to file a supplemental bill of particulars, was actually one for leave to reargue, the denial of which is not appealable (see Quinn v. Menzel, 282 A.D.2d 513; Duffy v. Wetzler, 260 A.D.2d 596).

RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.


Summaries of

Pacella v. THC Realty Development, LP

Appellate Division of the Supreme Court of New York, Second Department
Jun 3, 2002
295 A.D.2d 329 (N.Y. App. Div. 2002)
Case details for

Pacella v. THC Realty Development, LP

Case Details

Full title:ANTHONY PACELLA, ET AL., appellants, v. THC REALTY DEVELOPMENT, LP, ET…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 3, 2002

Citations

295 A.D.2d 329 (N.Y. App. Div. 2002)
743 N.Y.S.2d 890

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