Ramilo v. 32-78 + 80 Steinway St. Realty

Full title: RUBIELLA RAMILO et al., Appellants, v. 32-78 + 80 STEINWAY ST. REALTY et…

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

Date published: Dec 21, 1998

256 A.D.2d 505 (N.Y. App. Div. 1998)

682 N.Y.S.2d 862

Opinion

December 21, 1998

Appeal from the Supreme Court, Queens County (Price, J.).

Ordered that the appeals are dismissed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiffs' motions, although denominated as motions to "renew and reargue" a prior motion to restore the action to the calendar, are actually motions solely to reargue, as no new matters were raised which were previously unknown ( see, Rivera v. Cambridge Mut. Ins. Co., 136 A.D.2d 688; DeFreitas v. Board of Educ., 129 A.D.2d 672). Since no appeal lies from an order denying reargument, the appeals must be dismissed ( see, Cohen v. TLC Women's Servs., 157 A.D.2d 764).

Miller, J. P., Pizzuto, McGinity and Luciano, JJ., concur.