| Strunk v Revenge Cab Corp. |
| 2012 NY Slip Op 06206 [98 AD3d 1030] |
| September 19, 2012 |
| Appellate Division, Second Department |
| Kerry Strunk, Appellant, v Revenge Cab Corp. et al.,Respondents. |
—[*1] Skenderis & Cornacchia, P.C., Long Island City, N.Y. (Louis T. Cornacchia III and JenniferL. Cook of counsel), for respondents.
In an action to recover damages for personal injuries, the plaintiff appeals from an order ofthe Supreme Court, Queens County (Taylor, J.), entered June 20, 2011, which denied her motion,denominated as one for leave to renew her prior motion pursuant to CPLR 5015 (a) to vacate anorder of the same court dated February 19, 2010, granting the defendants' motion for summaryjudgment dismissing the complaint on the ground that she did not sustain a serious injury withinthe meaning of Insurance Law § 5102 (d), upon her default in opposing the motion, whichwas, in actuality, one for leave to reargue her motion pursuant to CPLR 5015 (a) to vacate theorder dated February 19, 2010.
Ordered that the appeal is dismissed, without costs or disbursements.
The plaintiff's motion, denominated as one for leave to renew, did not offer any new facts notoffered in support of her prior motion pursuant to CPLR 5015 (a) to vacate an order granting thedefendants' motion for summary judgment dismissing the complaint on the ground that she didnot sustain a serious injury within the meaning of Insurance Law § 5102 (d), entered uponher default in opposing the motion. Therefore, the motion, denominated as one for leave torenew, was, in actuality, one for leave to reargue, the denial of which is not appealable(see CPLR 2221 [d] [2]; [e] [2]; Blackwell v Mikevin Mgt. III, LLC, 88 AD3d 836, 838 [2011]).Accordingly, the appeal must be dismissed. Skelos, J.P., Dickerson, Hall and Roman, JJ., concur.