ROOSEVELT LEE LLC v. Xuhua Xu, Defendant–Appellant. (2025)

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

ROOSEVELT LEE LLC, Plaintiff–Respondent, v. Justin LE, doing business as RXXSTORE Inc., Defendant, Xuhua Xu, Defendant–Appellant.

4281

Decided: May 06, 2025

Webber, J.P., Scarpulla, Mendez, Rodriguez, Pitt–Burke, JJ.

Xuhua Xu, appellant pro se.

Appeal from order, Supreme Court, New York County (Richard G. Latin, J.), entered on or about April 11, 2024, which denied defendant Xuhua Xu's motion for leave to reargue opposition to plaintiff's motion for summary judgment on its claims for breach of a lease and guaranty and dismissing the counterclaim for attorneys’ fees, unanimously dismissed, without costs, as taken from a nonappealable order.

The appeal is dismissed because no appeal lies from an order denying a motion to reargue (see Matter of Penick, 212 AD3d 567, 568 [1st Dept 2023]).

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