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EINHEBER v. SAGALOVICH

2015-06051, Index No. 3173/10.

140 A.D.3d 693 (2016)

30 N.Y.S.3d 924

2016 NY Slip Op 04173

JACK EINHEBER, as Administrator of the Estate of STEVEN EINHEBER, Also Known as STEVE EINHEBER, Deceased, Appellant, v. BORIS SAGALOVICH, M.D., et al., Respondents, et al., Defendants.

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

Decided June 1, 2016.

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...

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