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KITCHEN v. DIAKHATE

1831N, 16717/04

68 A.D.3d 570 (2009)

2009 NY Slip Op 9388

889 N.Y.S.2d 846

CYNTHIA KITCHEN, Appellant, v. MAMADOU L. DIAKHATE, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 17, 2009.

Denial of a motion to reargue is not appealable as of right (Freeman v Prince Leasing Corp., 49 A.D.3d 455 [2008]). This motion clearly sought reargument, not vacatur, as it was alternatively denominated (see People v American Motor Club, 241 A.D.2d 409 [1997]).

Were we to consider the appeal on the merits, we would affirm the preclusion of evidence concerning plaintiff's knee injury...

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