| Poulard v Judkins |
| 2013 NY Slip Op 00071 [102 AD3d 665] |
| January 9, 2013 |
| Appellate Division, Second Department |
| Gilberte Poulard, Appellant, v William A. Judkinset al., Respondents. |
—[*1] Newman Myers Kreines Gross Harris, P.C., New York, N.Y. (Charles D. Cole, Jr.,of counsel), for respondents.
In an action, inter alia, to recover damages for personal injuries, the plaintiff appealsfrom an order of the Supreme Court, Kings County (Bayne, J.), dated September 9, 2011,which denied her motion, denominated as one for leave to renew and reargue, but whichwas, in actuality, one for leave to reargue her opposition to the defendants' motion todismiss the complaint pursuant to CPLR 3211 (a) (1), which had been granted in anorder of the same court dated February 11, 2010.
Ordered that the appeal is dismissed, with costs.
The plaintiff's motion, denominated as one for leave to renew and reargue, did notoffer any new facts not offered in support of the plaintiff's opposition to the defendants'motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint based on documentaryevidence. Therefore, the motion, though denominated as one for leave to renew andreargue, was, in actuality, one only for leave to reargue, the denial of which is notappealable (see CPLR 2221 [d] [2]; [e] [2]; Strunk v Revenge Cab Corp., 98 AD3d 1030, 1031[2012]; Blackwell v MikevinMgt. III, LLC, 88 AD3d 836, 838 [2011]). Accordingly, the appeal must bedismissed. Angiolillo, J.P., Dickerson, Hall and Austin, JJ., concur.