Johnson v. George A. Fuller Co.

Order, Supreme Court, New York County (Louis York, J.), entered on or about October 18, 1995, which, insofar as appealed from, deemed defendant-appellant’s cross motion for leave to file a summary judgment motion to be a motion for summary judgment, and denied the motion, unanimously affirmed, without costs.

To the extent that appellant’s cross motion, denominated one for leave to file a summary judgment motion, is not deemed one for summary judgment, it is merely a motion to reargue a prior order of another Justice, the denial of which is not appealable (Kean v Phelps, 186 AD2d 368). That…