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KOZAK v. DEB DEB, LLC

65 A.D.3d 616 (2009)

883 N.Y.S.2d 729

OLGA KOZAK, Appellant, v. DEB DEB, LLC, et al., Respondents.

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

Decided August 18, 2009.

Ordered that the appeal is dismissed, without costs or disbursements.

The appeal must be dismissed. The plaintiff's motion, denominated as one for leave to renew and reargue, was, in actuality, one for leave to reargue, because it was not based on new facts (see CPLR 2221 [d] [2]; [e] [2]; Dess v LRM Bldrs., LLC, 56 A.D.3d 716 [2008]). An order denying a motion for leave to reargue is not appealable (see Dess v...

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