Elul Realty Corp. v Herbert Glabman

Elul Realty Corp. v Glabman 2004 NY Slip Op 05187 [8 AD3d 425] June 14, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

Elul Realty Corp., Appellant,
v
Herbert Glabman et al., Defendants and Third-Party Plaintiffs-Respondents. Noel W. Hauser, Third-Party Defendant-Respondent.

—[*1]In an action to recover damages for legal malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Vaughan, J.), dated June 11, 2001, which denied a motion which was, in effect, for leave to reargue a prior motion to dismiss the matter based upon its default in discovery.

Ordered that the appeal is dismissed, without costs or disbursements.

The Supreme Court properly treated the motion as one for leave to reargue, the denial of which is not appealable (see SantaMaria v Schwartz, 238 AD2d 569 [1997]). Florio, J.P., S. Miller, Adams and Crane, JJ., concur.