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MENDELSON v. EMPIRE ASSOCIATES REALTY CO. ASSN.

57 A.D.3d 413 (2008)

869 N.Y.S.2d 342

MONIQUE CONCOOL MENDELSON, Appellant, v. EMPIRE ASSOCIATES REALTY CO. ASSN., Respondent.

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

December 30, 2008.

Plaintiff's motion to "clarify" is properly deemed one to reargue, the denial of which is not appealable. Were we to consider the merits, we would affirm on the same grounds as we affirm the balance of the order on appeal.

In a prior order (278 A.D.2d 40 [2000]), we affirmed the striking of an award of treble damages, but also agreed not to vacate the award of interest to plaintiff. In...

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