Bell v. New York Higher Education Assistance Corp.

*306By decision and order, dated December 7, 1987, the same court granted Chemical Bank’s cross motion for summary judgment and dismissed plaintiffs complaint. Plaintiffs motion for reargument/renewal and vacatur of the prior order was denied. Plaintiffs appeal to this court from those orders resulted in an affirmance [145 AD2d 1006] and plaintiffs motion for leave to appeal to the Court of Appeals was denied [74 NY2d 623].

Under these circumstances, the court below properly declined to entertain plaintiffs motion, since there was no action pending before it. Plaintiff had commenced this breach of…