Legal Opinion

Rabbenu v. 26 Adar N.B. Corp.

Appellate Division of the Supreme Court of the State of New York

Decided April 23, 2001PublishedCited by 10 opinions

1Opinion of the Court

—In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Kings County (Jones, J.), dated June 2, 1999, which denied its motion, denominated as one for renewal, but which was, in effect, one to reargue a prior motion for summary judgment.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.

The plaintiff’s motion, characterized as one for renewal, was not based upon new facts that were unavailable at the time of its motion for summary judgment. Accordingly, the plaintiff s *643motion was, in…

2Cases cited1 opinion

  1. Frisenda v. X Large Enterprises Inc.Appellate Division of the Supreme Court of the State of New York · 2001

3Cited by10 opinions

  1. Jandru Mats, Inc. v. Riteway AV Corp.Appellate Division of the Supreme Court of the State of New York · 2003
  2. RCN Construction Corp. v. Fleet Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 2006
  3. Lin v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2003
  4. McNamara v. Rockland County Patrolmen's Benevolent Ass'nAppellate Division of the Supreme Court of the State of New York · 2003
  5. Nam Jin Chung v. M & S DeliAppellate Division of the Supreme Court of the State of New York · 2002

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