Gutierrez v. Rockefeller Group, Inc.
Cases that cite this one
1 later published case cites this decision.
- Mount Sinai Hospital v. Progressive Casualty Insurance (Appellate Division of the Supreme Court of New York 2004)
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
In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Price, J.), dated January 9, 2002, which denied their motion for leave to renew and reargue the defendants’ motion for summary judgment dismissing the complaint, which was granted in a prior order of the same court dated June 26, 2001.
Ordered that the appeal is dismissed, with costs.
The appellants’ motion, denominated as one for leave to renew and reargue the defendants’ prior motion for summary judgment dismissing the complaint, was not based upon new facts which were unavailable at the time they opposed the original motion. Therefore, the motion was, in fact, one for leave to reargue, the denial of which is not appealable (see Pierre v Delish & Bakery Rest., 294 AD2d 417, 418 [2002]). Ritter, J.P., Feuerstein, McGinity, Townes and Cozier, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.