Williams v Beach View Apt. Corp. |
2008 NY Slip Op 10610 [57 AD3d 975] |
December 30, 2008 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
James Williams, Appellant, v Beach View Apt. Corp., Respondent. |
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In an action, inter alia, to permanently enjoin the defendant from selling the shares of its stock that are assigned to a certain cooperative apartment at 129 Beach 118th Street in Belle Harbor, the plaintiff appeals from (1) so much of an order of the Supreme Court, Queens County (Grays, J.), dated December 20, 2005, as denied those branches of his motion which were to set aside a stipulation of settlement dated February 7, 2002, and a stipulation of discontinuance dated February 15, 2002, and to restore the action to the trial calendar, and (2) so much of an order of the same court dated May 11, 2007, as denied that branch of his motion which was for leave to reargue those branches of his prior motion.
Ordered that on the Court's own motion, the appeal from the order dated December 20, 2005, is dismissed as untimely taken, without costs or disbursements (see CPLR 5513 [a]); and it is further,
Ordered that the appeal from the order dated May 11, 2007 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument. Skelos, J.P., Lifson, Santucci and Carni, JJ., concur.