Bittorf v. 225 West End Avenue Associates

—Appeal from order, Supreme Court, New York County (Ira Gammerman, J.), entered February 5, 1996, which deemed plaintiffs motion "to renew and/or to reargue” a prior order, same court (Michael Dontzin, J.), entered on or about May 28, 1992, insofar as such order found that plaintiff had participated in a fraud against a former defendant herein, to be a motion for reargument, and, so considered, denied the motion, unanimously dismissed as taken from a nonappealable order, with costs to defendant-respondent.

The motion was properly deemed one for reargument in the absence of additional material…