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MINOTT v. NURSE

167 A.D.2d 334 (1990)

Peter Minott, Plaintiff, v. Dora Nurse et al., Defendants. (Action No. 1.) Motor Vehicle Accident Indemnification Corporation, on Behalf of Dora Nurse et al., Respondents, v. Hanover Insurance Company, Appellant, et al., Defendant. (Action No. 2.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 5, 1990

Ordered that the appeal is dismissed, with one bill of costs.

The Supreme Court properly determined that the appellant's motion, denominated as one to vacate an order on the ground of excusable default, was actually one for reargument of its prior motion for the same relief (see, Foley v Roche, 68 A.D.2d 558). Since no appeal lies from the denial of a motion to reargue, the appeal is dismissed (see, McKay...

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