Narrative Opinion Summary
The appeal by the plaintiff pertains to two specific rulings from the Supreme Court, Kings County: (1) an order and judgment dated May 28, 1996, and (2) a denial of the plaintiff's motion for reargument on March 4, 1997. The appellate court dismissed the appeal concerning the March 4, 1997 order, noting that no appeal can be made from an order that denies reargument. The court affirmed the May 28, 1996 order and judgment, citing the reasons articulated by Justice Aronin in the original ruling. Additionally, the respondent was awarded one bill of costs. Judges Ritter, Thompson, Goldstein, and McGinity concurred with the decisions.
Legal Issues Addressed
Affirmation of Lower Court Decisionsubscribe to see similar legal issues
Application: The appellate court affirmed the lower court's decision dated May 28, 1996, based on the rationale provided by Justice Aronin in the original ruling.
Reasoning: The court affirmed the May 28, 1996 order and judgment, citing the reasons articulated by Justice Aronin in the original ruling.
Appealability of Orders Denying Reargumentsubscribe to see similar legal issues
Application: The court clarified that an order denying a motion for reargument is not appealable, which led to the dismissal of the plaintiff's appeal related to the March 4, 1997 order.
Reasoning: The appellate court dismissed the appeal concerning the March 4, 1997 order, noting that no appeal can be made from an order that denies reargument.
Awarding of Costs in Appellate Proceedingssubscribe to see similar legal issues
Application: The respondent was awarded costs as part of the appellate court's decision, indicating the court's discretion to allocate costs in appellate proceedings.
Reasoning: Additionally, the respondent was awarded one bill of costs.