Miller v. Ludwig
Opinion of the Court
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Although defendant-appellant purports to appeal from an order denying a motion to dismiss, the record establishes that she is actually appealing from an order denying a motion for leave to reargue a prior motion to dismiss. It is well settled that no appeal lies from an order denying a motion for leave to reargue (see MidFirst Bank v Storto, 121 AD3d 1575, 1575 [2014]; Britt v Buffalo Mun. Hous. Auth., 115 AD3d 1252, 1252 [2014]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.