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MERCADO v. NEW YORK UNIVERSITY

29 A.D.3d 496 (2006)

815 N.Y.S.2d 546

JESUS MERCADO, Appellant, v. NEW YORK UNIVERSITY et al., Respondents.

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

May 30, 2006.

Plaintiff concedes that no appeal lies from an order denying reargument, but argues that an exception to that rule should be made in this case "so as not to defeat substantive fairness," citing Garner v Latimer (306 A.D.2d 209 [2003]). No such fairness exception exists. Garner and the cases cited therein involved motions to renew, not reargue, i.e., motions that in some way sought to present factual matter that was not before...

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