Lopez v Post Mgt. LLC

Lopez v Post Mgt. LLC 2009 NY Slip Op 09711 [68 AD3d 671] December 29, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

Carlos Lopez, Plaintiff,
v
Post Management LLC et al., Defendants. Post Management LLC et al., Third-Party Plaintiffs, v Metcon Construction Corp., Third-Party Defendant, Metcon Construction Management, LLC, et al., Third-Party Defendants-Appellants, and LEA Electrical Corp. et al., Third-Party Defendants-Respondents.

—[*1] Barry, McTiernan & Moore, New York (Laurel A. Wedinger of counsel), for appellants.

Goodman & Leopold, L.L.P, New York (Howard B. Leopold of counsel), for respondents.

Appeal from order, Supreme Court, Bronx County (Howard R. Silver, J.), entered October 22, 2008, which denied appellants' motion to reargue a prior order summarily dismissing third-party claims against respondents, unanimously dismissed as taken from a nonappealable paper, without costs.

No appeal lies from denial of reargument (Kaminer v Wexler, 40 AD3d 405 [2007], lv [*2]dismissed 9 NY3d 955 [2007]). The suggestion that the motion court effectively granted reargument and adhered to the prior ruling is without merit. Concur—Mazzarelli, J.P., Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.