MEHLING v. CORINTHIAN CONDOMINIUM (2025)

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

Brian MEHLING, Plaintiff–Respondent, v. The CORINTHIAN CONDOMINIUM also known as the Corinthian Condominium Association, Defendant–Appellant.

4358

Decided: May 13, 2025

Moulton, J.P., Kapnick, Scarpulla, Rodriguez, Higgitt, JJ.

Gfeller Laurie LLP, New York (Gary Strong of counsel), for appellant.

Appeal from order, Supreme Court, New York County (Paul A. Goetz, J.), entered May 10, 2023, which denied defendant's motion for leave to reargue its motion to vacate the note of issue, unanimously dismissed, without costs, as taken from a nonappealable paper.

No appeal lies from the denial of a motion for reargument (see D'Andrea v. Hutchins, 69 A.D.3d 541, 542, 892 N.Y.S.2d 761 [1st Dept. 2010]). Because defendant did not appeal from the order that denied its motion to vacate the note of issue, defendant's arguments as to that determination are not properly before us (see id.).

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