| Stratakis v Ryjov |
| 2009 NY Slip Op 06780 [66 AD3d 411] |
| October 1, 2009 |
| Appellate Division, First Department |
| Emanuel Stratakis, Appellant, v Valentin Ryjov et al.,Defendants, and City of New York et al., Respondents. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Sharyn Rootenberg of counsel), forrespondents.
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 oneto renew and reargue defendants City of New York and New York City Department ofTransportation's motion for summary judgment dismissing the complaint as to them, previouslygranted in an order of the same court and Justice, entered March 10, 2008, unanimouslydismissed as taken from a nonappealable order, without costs.
Although plaintiff's motion was denominated as one for renewal and reargument, it wassolely for reargument and was treated as such by the motion court (see Williams v City of New York, 19AD3d 251 [2005]). Inasmuch as no appeal lies from the denial of a motion to reargue, andno appeal has been taken from the original March 10, 2008 determination granting defendantCity's motion for summary judgment, plaintiff's arguments addressed to that determination arenot properly before us (see Matter ofGonzalez v New York City Clerk, 25 AD3d 389 [2006]). Concur—Tom, J.P.,Andrias, Nardelli, DeGrasse and Freedman, JJ.