Appeal from an order of the Civil Court of the City of New York, Kings County (Dawn Jimenez Salta, J.), entered February 10, 2011.
Russkaya Reklama, Inc. v Paukman
Decided on August 6, 2012
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
PRESENT: PESCE, P.J., RIOS and SOLOMON, JJ
The order, insofar as appealed from, denied defendant's motion, in effect, for leave to reargue his prior motion to vacate a default judgment.
ORDERED that the appeal is dismissed.
In this action for breach of contract, defendant denominated the motion giving rise to the order appealed from as an application to vacate a default judgment, which motion was denied by the Civil Court. However, a reading of the papers submitted in support of the application reveals that it was actually one for leave to reargue defendant's prior motion to vacate the default judgment, which had also been denied by the Civil Court. Consequently, the appeal must be dismissed, as no appeal lies from an order denying a motion for leave to reargue (see Bermudez v City of New York, 66 AD3d 724 ; Malik v Campbell, 289 AD2d 540 ).
Pesce, P.J., Rios and Solomon, JJ., concur. Decision Date: August 06, 2012
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