COALITION OF LANDLORDS HOMEOWNERS MERCHANTS INC v. NEOCRONON INC (2024)

DECISION & ORDER

In an action, inter alia, to recover damages for breach of contract, the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Martha L. Luft, J.), dated January 8, 2021.  The order, insofar as appealed from, in effect, denied those branches of the plaintiffs’ motion which were for leave to renew and reargue their opposition to that branch of the defendants’ cross-motion which was pursuant to CPLR 3211(a) to dismiss the complaint, which had been granted in an order of the same court dated May 12, 2020.

ORDERED that the appeal is dismissed, without costs or disbursements.

The appeal from so much of the order as, in effect, denied that branch of the plaintiffs’ motion which was for leave to reargue their opposition to that branch of the defendants’ cross-motion which was pursuant to CPLR 3211(a) to dismiss the complaint must be dismissed, as no appeal lies from an order denying reargument (see U.S. Bank N.A. v. Carlin, 186 AD3d 1563).  Moreover, in light of our determination on a related appeal regarding that branch of the defendants’ cross-motion which was pursuant to CPLR 3211(a) to dismiss the complaint (see Coalition of Landlords, Homeowners & Merchants, Inc. v. S. & A. Neocronon, Inc., ––– AD3d –––– [Appellate Division Docket No. 2020–05604;  decided herewith]), the appeal from so much of the order as denied that branch of the plaintiffs’ motion which was for leave to renew their opposition to that branch of the cross-motion must be dismissed because it has been rendered academic.

DILLON, J.P., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.