Freeman v Prince Leasing Corp.
2008 NY Slip Op 02696 [49 AD3d 455]
March 25, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Cheryl Freeman, Respondent,
v
Prince Leasing Corp. et al., Appellants, et al., Defendant.

—[*1] Baker, McEvoy, Morrissey & Moskovits, P.C., New York City (Stacy R. Seldin of counsel), for appellants.

Lisa M. Comeau, Garden City, for respondent. Appeal from order, Supreme Court, New York County (Deborah A. Kaplan, J.), entered October 9, 2007, which denied the cross motion of defendants Prince Leasing and Cardozo to reargue denial of their motion for summary judgment dismissing the complaint, unanimously dismissed, without costs, as taken from a nonappealable paper.

The issue that plaintiff failed to establish she had suffered a serious injury, as defined by Insurance Law § 5102 (d), is not properly before us. No appeal lies from denial of a motion for reargument (see Trexler v Kahanovitz, 41 AD3d 161, 162 [2007]). Concur—Tom, J.P., Andrias, Nardelli and Sweeny, JJ.