From Casetext: Smarter Legal Research

Empire Insurance Company v. Food City, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 983 (N.Y. App. Div. 1990)

Opinion

November 16, 1990

Appeal from the Supreme Court, Kings County, Williams, J.

Present — Dillon, P.J., Doerr, Boomer, Pine and Davis, JJ.


Appeal unanimously dismissed without costs. Memorandum: Defendants' motion, designated one to "renew", was, in reality, a motion to reargue, as no new matter was presented which was unavailable to defendants prior to the denial of their original motion (see, Galaxy Export v. Bedford Textile Prods., 89 A.D.2d 576; see also, Gulledge v. Adams, 108 A.D.2d 950). An order denying a motion to reargue is not appealable (Siegel, Practice Commentaries, McKinney's Cons Laws of NY, Book 7B, CPLR C2221:9, at 185; see, Fahey v. County of Nassau, 111 A.D.2d 214).


Summaries of

Empire Insurance Company v. Food City, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 16, 1990
167 A.D.2d 983 (N.Y. App. Div. 1990)
Case details for

Empire Insurance Company v. Food City, Inc.

Case Details

Full title:EMPIRE INSURANCE COMPANY, as Subrogee of G. C. PHOTOPOULOS REALTY CO.…

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

Date published: Nov 16, 1990

Citations

167 A.D.2d 983 (N.Y. App. Div. 1990)
562 N.Y.S.2d 5

Citing Cases

Ruggiero v. Phillips

Opinion by Hayes, J.: It is hereby ORDERED that the appeal from the order insofar as it denied reargument be…

Xerox Corporation v. Town of Webster

Present — Pine, J.P., Balio, Fallon, Wesley and Davis, JJ. Appeal unanimously dismissed without costs (see,…