Legal Opinion

DeRose v. Manor Service Station, Inc.

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

Decided October 31, 2006Published

1Opinion of the Court

Appeal from order, Supreme Court, Bronx County (Alison Y. Tuitt, J.), entered November 4, 2005, which denied defendants’ motion to reargue a prior order, unanimously dismissed, without costs.

No appeal lies from denial of a motion to reargue (see e.g. Mercado v New York Univ., 29 AD3d 496 [2006]). The record does not support defendants’ claim that the court granted reargument but adhered to its prior determination. Concur—Saxe, J.E, Sullivan, Williams, Gonzalez and Catterson, JJ.

2Cases cited1 opinion

  1. Mercado v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2006