CLINTON ASSOCIATES LLC v. CHERRY (2021)

Supreme Court, Appellate Term, New York,

S & H CLINTON ASSOCIATES, LLC, Respondent, v. Tyrone CHERRY, Appellant.

2021-165 N C

Decided: December 16, 2021

PRESENT: TERRY JANE RUDERMAN, P.J., JERRY GARGUILO, HELEN VOUTSINAS, JJ.

Tyrone Cherry, appellant pro se. Horing, Welikson & Rosen P.C. for respondent (no brief filed).

ORDERED that the appeal is dismissed.

In this nonpayment proceeding to recover possession of a rent-stabilized apartment, by order dated December 14, 2018, the District Court denied tenant's postjudgment motion to “[r]e-open [the] case” based on purported newly-discovered evidence regarding the service of the rent notice, the notice of petition and the petition. Tenant then moved for, in effect, leave to reargue that prior motion and now appeals from an order of the District Court dated October 29, 2019, wherein the District Court denied tenant's motion. However, it is well settled that no appeal lies from an order denying reargument (see U.S. Bank N.A. v McCaffery, 186 AD3d 897, 899 [2020]; Liang v Yi Jing Tan, 155 AD3d 1022, 1023 [2017]).

Accordingly, the appeal is dismissed.

RUDERMAN, P.J., and VOUTSINAS, J., concur. GARGUILO, J., taking no part.

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