NOYACK MEDICAL PARTNERS LLC v. Suretec Insurance Company, Nonparty Respondent. (2023)

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

NOYACK MEDICAL PARTNERS, LLC, Plaintiff–Appellant, v. OSK IX, LLC, Defendant–Respondent. Suretec Insurance Company, Nonparty Respondent.

1283

Decided: December 21, 2023

Manzanet–Daniels, J.P., González, Scarpulla, Mendez, Higgitt, JJ.

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.

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, 186 N.Y.S.3d 629 [1st Dept. 2023]). The order on appeal denied plaintiff's motion to reargue its prior motion to release or modify its undertaking. To the extent plaintiff argues it is appealing from the grant of defendant's motion to award attorneys’ fees, the order appealed from, as it relates to defendant's motion, only augmented relief previously granted to the extent of calculating reasonable fees. Plaintiff's arguments were considered and rejected in the prior unappealed order deciding the motion to release or modify the undertaking.

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