ALVI v. DAIMLER TRUST DAIMLER TITLE (2021)

ORDERED that the appeal is dismissed.

In this action for breach of contract, plaintiffs moved for partial summary judgment on the issue of liability and defendant cross-moved for summary judgment dismissing the complaint. In an order dated January 21, 2020, the District Court (James M. Darcy, J.) denied plaintiffs’ motion and granted defendant's cross motion. Plaintiffs appeal from an order of the District Court (James M. Darcy, J.) dated April 23, 2020, which denied plaintiffs’ subsequent motion, “pursuant to CPLR 2221 [,] to vacate” the January 21, 2020 order. Since, in that motion, plaintiffs argued only that the District Court had misapprehended the facts and the law in its January 21, 2020 order, they actually sought leave to reargue their prior motion and their opposition to defendant's cross motion (see CPLR 2221 [d]). No appeal lies from an order denying reargument (see Deutsche Bank Natl. Trust Co. v Spanos, 180 AD3d 997 [2020]; Alvarez v Jawaid, 163 AD3d 746, 748 [2018]; Perry v Kone, Inc., 147 AD3d 1091, 1092 [2017]). We note that, were we to treat plaintiffs’ motion as one properly seeking leave to renew their prior motion and their opposition to defendant's cross motion (see Seafood Emporium Fish Mkt., Inc. v Lee, 26 Misc 3d 141[A], 2010 NY Slip Op 50373[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2010]), we would find plaintiffs’ arguments to be without merit.

Accordingly, the appeal is dismissed.

RUDERMAN, P.J., GARGUILO and DRISCOLL, JJ., concur.