MEJIA-GONZALEZ v. STORCH

154573/12, 3365NA, 3365N, 3364.

148 A.D.3d 467 (2017)

2017 NY Slip Op 01795

50 N.Y.S.3d 9

JAIME ALBERTO MEJIA-GONZALEZ, Respondent-Appellant, v. OLIVER S. STORCH, Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 9, 2017.


The order denying defendant's motion for reargument is not appealable (see e.g. Fontanez v St. Barnabas Hosp., 24 A.D.3d 218 [1st Dept 2005]). Defendant's claim that he actually moved for renewal is without merit.

Plaintiff failed to show that the judicial estoppel defense "is not stated or has no merit" (CPLR 3211 [b]). Plaintiff was a defendant in a federal criminal case in which he obtained relief (a lower fine and forfeiture...

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