Einheber v. Sagalovich

140 A.D.3d 693

30 N.Y.S.3d 924 (Mem)

2016 N.Y. Slip Op. 04173

Jack EINHEBER, etc., appellant,

v.Boris SAGALOVICH, etc., et al., respondents, et al., defendants.

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

June 1, 2016.

Jack Einheber, New York, NY, appellant pro se.

Furman Kornfeld & Brennan, LLP, New York, NY (Nicholas Lewis of counsel), for respondent Boris Sagalovich.

Kerley, Walsh, Matera & Cinquemani, P.C., Seaford, NY (Lauren B. Bristol of counsel), for respondent John Aronbayev.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY (Judy C. Selmeci and I. Elie Herman of counsel), for respondents Anthony Weiss, Mount Sinai Hospital Manhattan, and Myron Schwartz.

In an action to recover damages for medical malpractice and wrongful death, the plaintiff appeals from an order of the Supreme Court, Queens County (O'Donoghue, J.), entered March 3, 2015, which denied his motion, in effect, for leave to reargue his prior motion to vacate a default judgment of the same court entered December 5, 2013, upon his failure to appear for a court-ordered conference, which was denied in an order of the same court entered November 10, 2014.

ORDERED that the appeal from the order entered March 3, 2015, is dismissed, with costs, as no appeal lies from an order denying reargument.

The Supreme Court properly treated the plaintiff's motion as, in effect, one for leave to reargue his prior motion to vacate the default judgment, since the motion essentially sought the same relief as the motion to vacate the default judgment, which had been denied in an order entered November 10, 2014. The Supreme Court denied the motion...