Narrative Opinion Summary
In a mortgage foreclosure case, the defendants appealed an order from the Supreme Court, Dutchess County, which denied their motion for reargument regarding a prior judgment of foreclosure and sale. The original order was issued on December 2, 1993, and the denial occurred on January 28, 1994. The appeal was dismissed without costs or disbursements, as no appeal is permitted from an order denying reargument. The court classified the defendants' motion as one for reargument instead of renewal, noting that they did not present any new facts that were unavailable at the time of the original motion. Judges Bracken, Rosenblatt, Krausman, and Goldstein concurred with this decision.
Legal Issues Addressed
Appealability of Orders Denying Reargumentsubscribe to see similar legal issues
Application: The court dismissed the appeal of the defendants since an order denying reargument is not appealable.
Reasoning: The appeal was dismissed without costs or disbursements, as no appeal is permitted from an order denying reargument.
Classification of Motions as Reargument or Renewalsubscribe to see similar legal issues
Application: The court determined that the defendants' motion was for reargument because they did not present new facts that were unavailable at the time of the original motion.
Reasoning: The court classified the defendants' motion as one for reargument instead of renewal, noting that they did not present any new facts that were unavailable at the time of the original motion.