[*1]
Yitang Sheng v Elite of N.Y. Cars, Ltd.
2005 NYSlipOp 50412(U)
Decided on March 30, 2005
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on March 30, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. WILLIAM J. DAVIS, J.P.
HON. PHYLLIS GANGEL-JACOB
HON. MARTIN SCHOENFELD, Justices.
571007/02

Yitang Sheng, Plaintiff-Appellant,

against

Elite of New York Cars, Ltd., Defendant-Respondent.


Plaintiff appeals from an order of the Civil Court, New York County, entered November 28, 2003 (Eileen N. Nadelson, J.) which denied his motion to "clarify" a judgment of the same court and Judge entered June 20, 2002 in favor of defendant dismissing the action.


PER CURIAM:

Appeal from order entered November 28, 2003 (Eileen N. Nadelson, J.) dismissed, without costs.

Having exhausted his appellate remedies in unsuccessfully seeking to overturn the adverse judgment issued after trial (see Sheng v Elite of New York Cars, Ltd., 2003 NY Slip Op 51117[U], lv denied 2004 NY App Div LEXIS 169), plaintiff was not entitled to an "explanation" or clarification of the written decision underlying the judgment. In any event, plaintiff's motion to "clarify" is properly deemed one to resettle the judgment, the denial of which is not appealable (see G.R.K. Realty Corp. v Tischfeld, 264 AD2d 708 [1999]).

This constitutes the decision and order of the court.
Decision Date: March 30, 2005