Muollo v. Crestwood Village, Inc.
Opinion of the Court
In a negligence action to recover damages for
Ordered that the appeal from the decision dated February 25, 1985 is dismissed, as no appeal lies from a decision, and for failure to file a notice of appeal (see, CPLR 5512 [a]; 5515 [1]); and it is further,
Ordered that the appeal from the order dated January 17, 1986 is dismissed, as no appeal lies from an order denying reargument; and it is further,
Ordered that the defendant is awarded one bill of costs.
Contrary to plaintiff’s assertion, the order dated January 17, 1986 actually denied the plaintiff’s motion for reargument. Since such an order is not appealable, the appeal therefrom must be dismissed (see, Galaxy Export v Bedford Textile Prods., 89 AD2d 576).
In addition, as no appeal lies from a decision (see, CPLR 5512 [a]), and, in any event, no notice of appeal was filed with respect to the decision dated February 25, 1985 (purported to be an order), that appeal must also be dismissed (see, CPLR 5515 [1]). Bracken, J. P., Kunzeman, Kooper and Spatt, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.