Summary
This Appellate Division, Second Department decision addresses an appeal by Union Mutual Fire Insurance Company from a trial court order granting defendants' motion for leave to reargue and denying the plaintiff's cross-motion for leave to reargue in an insurance coverage dispute. The court dismissed the appeal, holding that no appeal lies from an order granted or denied upon reargument of a prior decision. The ruling relies on established New York precedent confirming that such reargument orders are generally not independently appealable.
Topics
Practice areas
Questions Presented
- Whether an appeal lies from an order made upon reargument of a decision
- Whether an appeal lies from an order denying reargument
Holdings
- No appeal lies from an order made upon reargument of a decision.
- No appeal lies from an order denying reargument.
Key quotations
“The appeal from so much of the order dated April 27, 2020, as granted the motion of the defendants ... must be dismissed, as no appeal lies from an order made upon reargument of a decision (see Lieberman‑Massoni v. Massoni, 215 AD3d 663, 663; Stein v. Club Med Sales, 239 AD2d 402, 402; Stockfield v. Stockfield, 131 AD2d 834).” (at 1)
“The appeal from so much of the order dated April 27, 2020, as denied the plaintiff's cross‑motion for leave to reargue ... must be dismissed, as no appeal lies from an order denying reargument (see Christiana Trust v. Victor, 224 AD3d 869, 872; Bank of Am., N.A. v. Davis, 210 AD3d 737).” (at 1)
Factual background
Union Mutual Fire Insurance Company sought coverage under a policy issued to defendants Anthony Trupia and 57‑51 57th Road, LLC in the personal injury action Cano v. 57‑51 57th Road, LLC. The trial court granted the defendants leave to reargue a prior decision and denied the plaintiff's cross‑motion for reargument, prompting the present appeal.
Procedural history
The plaintiff appealed an order granting defendants leave to reargue a decision that denied attorneys' fees and costs and vacated that portion, and denying the plaintiff's cross‑motion for reargument of a decision denying summary judgment. The appellate division dismissed the appeal.