| Fishberg, Keith v Pharon, Vienne |
| Motion No: 571001/25 |
| Slip Opinion No: 2025 NY Slip Op 77770(U) |
| Decided on September 30, 2025 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
September 30, 2025
Fishberg, Keith v Pharon, Vienne
It is Ordered that the motion of the defendant-respondent seeking an order dismissing the instant appeal is granted. It is well-settled that no appeal lies from the denial of a motion for reargument (see Mehling v Corinthian Condominium, 238 AD3d 517 [App. Div, 1st Dept. 2025]; 167 E 99 LLC v Latty, 85 Misc.3d 139[A] [App. Term, 1st Dept. 2025]). Given that the plaintiff-appellant did not appeal the underlying order dismissing the action, there is no appealable order before this court. (see, D'Andrea v Hutchins, 69 AD3d 541 [App. Div., 1st Dept. 2010]).
By: James, P.J., Tisch, Perez, J.J.
Motion No. 571001/25