| Bank of Am., N.A. v Davis |
| 2022 NY Slip Op 06226 [210 AD3d 737] |
| November 9, 2022 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Bank of America, N.A., Appellant, v Lloyd O. Davis, Respondent, et al., Defendants. |
Aldridge Pite, LLP, Melville, NY (Kenneth M. Sheehan of counsel), for appellant.
Michael Kennedy Karlson, New York, NY, for respondent.
In an action to foreclose a mortgage, the plaintiff appeals from an order of the Supreme Court, Queens County (Kevin J. Kerrigan, J.), entered January 13, 2020. The order, insofar as appealed from, denied that branch of the plaintiff's motion which was, in effect, for leave to reargue its opposition to the prior motion of the defendant Lloyd O. Davis pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him, which had been granted in an order of the same court entered December 4, 2018.
Ordered that the appeal is dismissed, with costs.
The Supreme Court properly characterized the subject branch of the plaintiff's motion, denominated as one to vacate an order, as seeking leave to reargue its opposition to the prior motion of the defendant Lloyd O. Davis pursuant to CPLR 3215 (c) to dismiss the complaint insofar as asserted against him, which had been granted in an order of the same court entered December 4, 2018 (see Deutsche Bank Natl. Trust Co. v Lewin, 199 AD3d 642, 643 [2021]; New Sans Souci Nursing Home v DeBuono, 249 AD2d 285, 286 [1998]). Because no appeal lies from an order denying reargument, the appeal must be dismissed (see Deutsche Bank Natl. Trust Co. v Lewin, 199 AD3d at 643). Dillon, J.P., Chambers, Maltese and Voutsinas, JJ., concur.