Aldalali v Sungold Assoc. Ltd. Partnership
2019 NY Slip Op 03920 [172 AD3d 555]
May 21, 2019
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 3, 2019


[*1]
 Deya Aldalali, Plaintiff,
v
Sungold Associates Limited Partnership et al., Defendants. Sungold Associates Limited Partnership, Third-Party Plaintiff-Respondent/Second Third-Party Plaintiff/Third Third-Party Plaintiff-Respondent, v HKSM G.C. Co. Inc., Third-Party Defendant-Appellant. Henry Kessler, Third Third-Party Defendant-Appellant, et al., Second Third-Party Defendant.

White & McSpedon, P.C., New York (Joseph W. Sands of counsel), for appellants.

Gallo Vitucci Klar LLP, New York (Kimberly A. Ricciardi of counsel), for respondent.

Appeal from order, Supreme Court, Bronx County (Donna Mills, J.), entered August 28, 2018, which, inter alia, denied the motion of third-party defendant HKSM G.C. Co. Inc. (HKSM) and third third-party defendant Henry Kessler to renew and reargue a prior motion for partial summary judgment, unanimously dismissed, without costs, as taken from a nonappealable paper.

Although denominated a motion to renew and reargue, HKSM and Kessler's motion only sought reargument of their prior summary judgment motion, and no appeal lies from the denial of a motion to reargue (see Northern Assur. Co. of Am. v Holden, 179 AD2d 569 [1st Dept 1992]). Concur—Acosta, P.J., Richter, Manzanet-Daniels, Webber, Kern, JJ.