Appellate Division of the Supreme Court of New York, 1999

Yan v. Klein

Yan v. Klein
Appellate Division of the Supreme Court of New York · Decided November 1, 1999
266 A.D.2d 209; 696 N.Y.S.2d 900; 1999 N.Y. App. Div. LEXIS 11095
Yan v. Klein

Opinion of the Court

—In an action to recover damages for defamation, the plaintiff appeals from an order of the Supreme Court, Queens County (Kitzes, J.), dated October 20, 1998, which denied his motion, in effect, for reargument of an oral decision of the same court, dated September 25, 1998, which determined, following an inquest at which he failed to prove his damages, that the complaint must be dismissed.

Ordered that the appeal is dismissed, with costs to the respondent, as no appeal lies from an order denying reargument of a decision (see, De Falco v JRS Confectionary, 118 AD2d 752). O’Brien, J. P., Ritter, Santucci and Altman, JJ., concur.

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