Appellate Division of the Supreme Court of New York, 1982

Nelson v. Bushwick Family Health Center

Appellate Division of the Supreme Court of New York · Decided April 12, 1982

87 A.D.2d 837; 449 N.Y.S.2d 266; 1982 N.Y. App. Div. LEXIS 16307

Cases that cite this one

3 later published cases cite this decision.

Coregis Insurance v. Miceli (Appellate Division of the Supreme Court of New York 2002)
Facilities Development Corp. v. Miletta (Appellate Division of the Supreme Court of New York 1998)
Mangla v. General Motors Corp. (Appellate Division of the Supreme Court of New York 1995)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by -defendant Bushwick Family *838Health Center from an order of the Supreme Court, Kings County (Shaw, J.), dated May 4,1981, which denied its motion for reargument (deemed by Special Term to be one for renewal and rehearing) of an earlier motion for summary judgment, which had been denied by an order of the same court dated January 8, 1981. Appeal dismissed, without costs or disbursements. Although Special Term’s order characterized the motion as one for renewal and rehearing, no - new facts were presented. Thus, it is clear from the record that the motion was for reargument. No appeal lies from an order denying a motion for reargument (Frankel v Frankel, 67 AD2d 719; CPLR 2221; Siegel, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 2221:7, pp 157-158). Lazer, J. P., Mangano, Brown and Niehoff, JJ., concur.

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