Ramos v Napoli

Ramos v Napoli 2012 NY Slip Op 03873 Decided on May 17, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 17, 2012
Saxe, J.P., Sweeny, Acosta, Freedman, Román, JJ. 7675-
301659/10 7676

[*1]Bertha Ramos, Plaintiff-Appellant, Paulina Ramos, Plaintiff,

v

Teresa Lena Napoli, et al., Defendants-Respondents.




Wingate, Russotti & Shapiro, LLP, New York (Joseph P.
Stoduto of counsel), for appellant.
DeCicco, Gibbons & McNamara, P.C., New York (William A.
Fitzgerald of counsel), for respondents.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered on or about December 12, 2011, which, insofar as appealed from, in an action for personal injuries, denied the motion of plaintiff Bertha Ramos for summary judgment on the issue of liability and to dismiss defendants' affirmative defenses, unanimously affirmed, without costs. Appeal from order, same court and Justice, entered on or about January 23, 2012, denying plaintiff's motion to reargue, denominated as one to "renew and/or reargue," unanimously dismissed, without costs, as taken from a nonappealable paper.

Supreme Court properly found that the parties' competing accounts raised multiple issues of fact precluding summary judgment.

Plaintiff did not offer any new or additional facts that would have changed the prior determination denying summary judgment. Therefore, the motion was, in essence, one to [*2]reargue, the denial of which is not appealable (see e.g. Prime Income Asset Mgt., Inc. v American Real Estate Holdings L.P., 82 AD3d 550, 551 [2011], lv denied 17 NY3d 705 [2011]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 17, 2012

CLERK