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Stratakis v. Ryjov

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 1, 2009

EMANUEL STRATAKIS, ETC., PLAINTIFF-APPELLANT,
v.
VALENTIN RYJOV, ET AL., DEFENDANTS, THE CITY OF NEW YORK, ET AL., DEFENDANTS-RESPONDENTS.

Appeal from order, Supreme Court, Bronx County (Larry S. Schachner, J.), entered May 15, 2008, which, to the extent appealed from, denied portions of appellant's motion denominated one to renew and reargue defendants City of New York and New York City Department of Transportation's motion for summary judgment dismissing the complaint as to them, previously granted in an order of the same court and Justice, entered March 10, 2008, unanimously dismissed as taken from a non-appealable order, without costs.

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.

Tom, J.P., Andrias, Nardelli, DeGrasse, Freedman, JJ.

17222/95

Although plaintiff's motion was denominated as one for renewal and reargument, it was solely for reargument and was treated as such by the motion court (see Williams v City of New York, 19 AD3d 251 [2005]). Inasmuch as no appeal lies from the denial of a motion to reargue, and no appeal has been taken from the original March 10, 2008 determination granting defendant City's motion for summary judgment, plaintiff's arguments addressed to that determination are not properly before us (see Matter of Gonzalez v New York City Clerk, 25 AD3d 389 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091001

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