Weissman v Zabakolas

[*1] Weissman v Zabakolas 2006 NY Slip Op 51294(U) [12 Misc 3d 138(A)] Decided on July 3, 2006 Appellate Term, Second 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ
2005-1607 S C.

Jules S. Weissman, D.D.S., Respondent,

against

Joanne Zabakolas, Appellant.

Appeal from an order of the District Court of Suffolk County, Fourth District (Paul M. Hensley, J.), entered August 1, 2005. The order denied defendant's motion for reargument.

Appeal dismissed.

Plaintiff commenced the instant action seeking to recover the principal sum of $829 for dental services. Defendant defaulted and judgment was entered against her on November 20, 1997. Defendant's motion seeking to vacate the default judgment was denied by order dated May 13, 2003. Thereafter, by order to show cause dated May 31, 2005, defendant moved for reargument. Since the lower court denied defendant's motion to reargue, the appeal from such order must be dismissed as no appeal lies from an order denying reargument (Malik v Campbell, 289 AD2d 540 [2001]; Grace v Anker Mgt., 8 Misc 3d 132[A], 2005 NY Slip Op 51085[U] [App Term, 9th & 10th Jud Dists]).

Rudolph, P.J., Angiolillo and Lippman, JJ., concur.
Decision Date: July 3, 2006