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D'Andrea v. Hutchins

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


January 28, 2010

MR. ROBERT LYONS D'ANDREA, PLAINTIFF-APPELLANT,
v.
MR. COLEMAN HUTCHINS, C.S.W., DEFENDANT-RESPONDENT, GH LIFE MANAGEMENT, DEFENDANT.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered June 9, 2008, to the extent it denied the part of plaintiff's motion that sought to renew defendant's prior motion for summary judgment dismissing the complaint, unanimously affirmed, without costs. Appeal from that part of the order that denied plaintiff's motion for reargument, unanimously dismissed, as taken from a non-appealable paper.

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.

Mazzarelli, J.P., Sweeny, Moskowitz, Manzanet-Daniels, RomÁn, JJ.

117993/05

Plaintiff offered no new evidence in support of the part of his motion that sought renewal (CPLR 2221[e][2]; CR v Pleasantville Cottage School, 302 AD2d 259 [2003]).

No appeal lies from the denial of a motion for reargument (Parker v Marglin, 56 AD3d 374, 374-375 [2008]).

Because he did not appeal from the order that granted defendant's motion for summary judgment dismissing the complaint, plaintiff's arguments addressed to that determination are not properly before us (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.

20100128

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