May 1, 2024

Appellate practice.

Generally, an appeal from a final judgment brings up for review any non-final judgment or order which necessarily affects the final judgment, pursuant to CPLR 5501[a][1]. However, since no appeal lies from an order denying reargument, the order denying the plaintiff's motion for leave to reargue her opposition to the defendant's motion for summary judgment dismissing the complaint is not brought up for review. 

Rogers v. Stop & Shop Supermarket Co., LLC, NY Slip Op 02216 (2d Dep't April 24, 2024)

Here is the decision.