Simons v Ross
2004 NY Slip Op 02279 [5 AD3d 298]
March 25, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 26, 2004


David Simons, Appellant,
v
Lee Ross, Respondent.

—Appeal from order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about February 13, 2003, which denied plaintiff's motion to reargue a prior order, same court and Justice, entered on or about April 2, 2002, unanimously dismissed, without costs.

No appeal lies from an order denying reargument (Deshler v East W. Renovators, 259 AD2d 351 [1999]). We note that the underlying April 2, 2002 order, which directed entry of judgment, was affirmed by this Court in October 2003 (309 AD2d 667 [2003]). Concur—Buckley, P.J., Nardelli, Saxe and Marlow, JJ.