Peter De Filippis, Appellant, v. IPA (2026)

Supreme Court, Appellate Term, New York.

Peter De Filippis, Appellant, v. Lenox Hill Radiology & Medical Imaging Associates, P.C., Doing Business as Lenox Hill Radiology; Lenox Hill Radiology IPA, Inc. Doing Business as Lenox Hill Radiology, Respondents.

2025-662 K C

Decided: September 18, 2026

PRESENT: : WAVNY TOUSSAINT, P.J., CHEREÉ A. BUGGS, JOANNE D. QUIÑONES, JJ

ORDERED that the appeal is dismissed.

In this small claims action seeking damages for emotional distress allegedly caused by a dispute over responsibility for payment for a medical procedure, the Civil Court (Derefim B. Neckles, J.), by decision dated November 6, 2023, dismissed the action after an inquest. On July 2, 2024, plaintiff made a motion ostensibly seeking to restore the action to the trial calendar, but which was, in effect, to vacate the decision dismissing the action. By order dated October 11, 2024, the Civil Court (Derefim B. Neckles, J.) denied the motion.

No appeal lies from an order denying a motion to vacate a decision (see 399 Broadway Holdings, LLC v Das, 238 AD3d 1100, 1101 [2025]; Cruz v Pierce, 211 AD3d 807, 808 [2022]; cf. CPLR 5701 [a] [3]; CCA 1702 [a] [3]). Accordingly, the appeal is dismissed.

TOUSSAINT, P.J., BUGGS and QUIÑONES, JJ., concur.

ENTER:

Jennifer Chan

Chief Clerk

Decision Date: September 18, 2026

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network