From Casetext: Smarter Legal Research

Santiago v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
May 2, 1996
227 A.D.2d 114 (N.Y. App. Div. 1996)

Opinion

May 2, 1996

Appeal from the Supreme Court, New York County (Carol Arber, J.).


Defendant's motion for reargument consisted of a reiteration of the arguments made on the original motion for summary judgment based upon the case law on which defendant had relied. No new facts or evidence were presented to the court and defendant specifically stated that the motion was based upon defendant's belief that the court misapplied the controlling principles of law. The IAS Court in its decision explicitly stated that it was denying defendant's motion for reargument and no appeal lies from an order denying a motion for reargument ( Bell v. Toothsavers, Inc., 213 A.D.2d 199). We note, however, that if an appeal had been timely taken from the court's decision we would have reversed and granted summary judgment dismissing the complaint ( see, Martinez v. Lazaroff, 48 N.Y.2d 819; Abreu v. Stratford Realty Assocs., 208 A.D.2d 465).

Concur — Ellerin, J.P., Wallach, Kupferman, Williams and Mazzarelli, JJ.


Summaries of

Santiago v. New York City Housing Authority

Appellate Division of the Supreme Court of New York, First Department
May 2, 1996
227 A.D.2d 114 (N.Y. App. Div. 1996)
Case details for

Santiago v. New York City Housing Authority

Case Details

Full title:LILLIAN SANTIAGO, Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 2, 1996

Citations

227 A.D.2d 114 (N.Y. App. Div. 1996)
641 N.Y.S.2d 663