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ROSEN v. ROSENHOLC

303 A.D.2d 230 (2003)

755 N.Y.S.2d 607

ALLISON S. ROSEN et al., Respondents, v. DAVID ROSENHOLC, Defendant. ERIC A. KLEIN, Nonparty Appellant.

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

Decided March 13, 2003.

There is no merit to appellant's claim that the motion court, in denying his motion for contempt, sua sponte altered and disregarded the plain meaning of its own prior order. The denial of reargument is not appealable (Haberman v Wright, 295 A.D.2d 142 [2002]), and since appellant's lien was fixed without reference to any potential recovery, the settlement of the underlying action is not a new fact that can support renewal (CPLR...

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