DiPasquale v Gutfleish

2010 NY Slip Op 04836 [74 AD3d 471]

June 8, 2010

Appellate Division, First Department

As corrected through Wednesday, August 25, 2010

Douglas DiPasquale, Appellant, v Ronald Gutfleish et al.,Respondents.

—[*1]Richardson & Patel, LLP, New York (David B. Gordon of counsel), for appellant.

Reid Davis LLP, New York (Rachel S. Fleishman of counsel), for respondents.

Appeal from order, Supreme Court, New York County (Shirley Werner Kornreich, J.),entered May 18, 2009, which denied plaintiff's motion for partial summary judgment on hisfourth cause of action in the amended complaint, unanimously dismissed, without costs, as takenfrom a nonappealable order.

Although plaintiff captioned his motion as one for partial summary judgment, the IAS courtcorrectly held it to be a motion for reargument of a portion of a 2008 order that had granteddefendants partial summary judgment dismissing the fourth cause of action. Since no appeal liesfrom the denial of a motion for reargument, even if not denominated as such (see Johnson vFuller Co., 235 AD2d 348 [1997]), this appeal must be dismissed. Concur—Gonzalez,P.J., Sweeny, Richter, Abdus-Salaam and RomÁn, JJ.