No appeal lies from the denial of a motion for reargument. In any event, the underlying order granting defendant's motion to dismiss pursuant to CPLR 3211(a)(2) and (7) was entered upon plaintiff's default. Therefore, the proper remedy was for plaintiff to move under CPLR 5501(a) to vacate the default, not to move for leave to reargue.
Aaron v. Kennedy, NY Slip Op 07493 (1st Dep't December 29, 2022)
