Hoffeld v. Lindholm

Appeal from order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 13, 2010, which denied plaintiffs’ motion for leave to reargue the denial of summary judgment on their claims for breach of contract and account stated, unanimously dismissed, without costs, as nonappealable.

We conclude that despite plaintiffs’ denomination in their notice of motion, the motion at issue was one for reargument (see Fontanez v St. Barnabas Hosp., 24 AD3d 218 [2005]). The denial of a motion for reargument is not appealable (Rosen v Rosenholc, 303 AD2d 230 [2003]).

Were we to consider the…