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JOHNSON v. BANNER INTERNATIONAL CORP.

14234N, 106510/11.

125 A.D.3d 498 (2015)

999 N.Y.S.2d 894

ERVIN JOHNSON, Appellant, v. BANNER INTERNATIONAL CORP., Respondent, et al., Defendant.

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

Decided February 17, 2015.

Plaintiff never filed a notice of appeal from the court's March 22, 2013 order dismissing his complaint pursuant to CPLR 3126. Although denominated a motion to vacate, plaintiff's subsequent motion was, in actuality, one to reargue the prior order that had dismissed his complaint. Accordingly, the order denying plaintiff's subsequent motion is nonappealable (see Steinhardt Group v Citicorp, 303 A.D.2d 326, 326-327 [1st Dept 2003...

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