DiPasquale v Gutfleish
2010 NY Slip Op 04836 [74 AD3d 471]
June 8, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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 his fourth cause of action in the amended complaint, unanimously dismissed, without costs, as taken from a nonappealable order.

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