Emigrant Mtge. Co., Inc. v. Thevenin

Summary

In this mortgage foreclosure action, the plaintiff appealed from an order denying its motion for leave to reargue a prior motion seeking, among other relief, an order of reference. The Appellate Division, Second Department, dismissed the appeal because no appeal lies from an order denying reargument.

Holdings

1. No appeal lies from an order denying reargument; therefore, the appeal must be dismissed.

Questions Presented

1. Whether an appeal lies from an order denying a motion for leave to reargue.

Disposition

dismissed