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NOYACK MED. PARTNERS, LLC v. OSK IX, LLC

Index No. 654665/21 Appeal No. 1283 Case No. 2022-05385.

222 A.D.3d 562 (2023)

199 N.Y.S.3d 521

2023 NY Slip Op 06598

Noyack Medical Partners, LLC, Appellant, v. OSK IX, LLC, Respondent. Suretec Insurance Company, Nonparty Respondent.

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

Decided December 21, 2023.

Attorney(s) appearing for the Case

Cuddy & Feder LLP, White Plains ( Brendan Goodhouse of counsel), for appellant.

Borg & Bryks LLP, New York ( M. Alexander Bowie, II of counsel), for Osk IX, LLC, respondent.

Concur—Manzanet-Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

Appeal from order, Supreme Court, New York County (Jennifer Schecter, J.), entered November 28, 2022, which denied plaintiff's motion to reargue its motion to release or modify its undertaking, unanimously dismissed, without costs, as taken from a nonappealable order.

No appeal lies from the denial of the motion to reargue (see Phillips v Murtha, 215 A.D.3d 408, 408 [1st Dept 2023]). The order on appeal denied plaintiff's motion to reargue its prior motion...

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