SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
January 27, 2009
GUSTAVO PERALTA, ET AL., RESPONDENTS,
ALL WEATHER TIRE SALES & SERVICE, INC., ET AL., DEFENDANTS,
DANILO MENDEZ, DEFENDANT-APPELLANT,
FALKEN TIRE CORP., ET AL., DEFENDANTS THIRD-PARTY PLAINTIFFS;
ROSEMARY PERALTA, THIRD-PARTY DEFENDANT-APPELLANT (AND ADDITIONAL THIRD-PARTY ACTIONS).
In an action to recover damages for personal injuries, etc., the defendant Danilo Mendez and the third-party defendant Rosemary Peralta appeal from an order of the Supreme Court, Kings County (Rothenberg, J.), dated January 31, 2008, which denied their motion for leave to reargue their opposition to that branch of the plaintiffs' motion which was to enforce a written settlement agreement dated June 7, 2004, which had been determined in an order of the same court dated August 31, 2007.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
WILLIAM F. MASTRO, J.P., ANITA R. FLORIO, RUTH C. BALKIN and RANDALL T. ENG, JJ.
(Index No. 34057/98)
DECISION & ORDER
ORDERED that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument (see Vandewinckel v Northport/East Northport Union Free School Dist., 24 AD3d 432, 433; High v County of Westchester, 238 AD2d 476; Foley v Roche, 68 AD2d 558, 568).
MASTRO, J.P., FLORIO, BALKIN and ENG, JJ., concur.
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