Summary
This Appellate Division, First Department slip opinion addresses a defendant's appeal from a Supreme Court order denying its motion for leave to reargue. The court unanimously dismisses the appeal, holding that no appeal lies from the denial of a motion for reargument under New York law. Additionally, the court notes that the defendant failed to appeal the underlying order denying its motion to vacate the note of issue, rendering those arguments improperly before the court.
Topics
Practice areas
Questions Presented
- Whether the Appellate Division may review the Supreme Court's order denying a motion to vacate the note of issue when no appeal was taken from that order.
Holdings
- The Appellate Division cannot consider arguments concerning the order because the defendant did not appeal that order; therefore the appeal is dismissed.
Factual background
The plaintiff‑respondent, Brian Mehling, sued the Corinthian Condominium Association. The defendant moved to vacate the note of issue and later sought leave to reargue that denial. The trial court denied the motion to reargue and entered an order dismissing the motion without costs.
Procedural history
The Supreme Court, New York County entered an order on May 10, 2023 denying the defendant's motion for leave to reargue its motion to vacate the note of issue. The defendant did not appeal that order, and now seeks review in the Appellate Division.