Naso v Naso (2013 NY Slip Op 00188)

Naso v Naso

2013 NY Slip Op 00188 [102 AD3d 755]

January 16, 2013

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 27, 2013

Catherine Naso, Appellant,
v
Joseph Naso, Respondent.

—[*1] Joseph D. Manno, Staten Island, N.Y., for appellant.

Vishnick McGovern Milizio, LLP, Lake Success, N.Y. (Avrohom Gefen of counsel), for respondent.

In an action, inter alia, to recover damages for breach of fiduciary duty, the plaintiff appeals from an order of the Supreme Court, Nassau County (Parga, J.), entered November 22, 2011, which denied her motion for leave to reargue her opposition to the defendant's motion for summary judgment dismissing her amended complaint as time-barred, which was granted in an order of the same court entered August 3, 2011.

Ordered that the appeal is dismissed, with costs, as no appeal lies from an order denying reargument (see Matter of Aiani v Donovan, 98 AD3d 972 [2012]; HSBC Bank USA, N.A. v Posy, 98 AD3d 945, 946 [2012]). Mastro, J.P., Dickerson, Sgroi and Hinds-Radix, JJ., concur.