Wells Fargo Bank, N.A. v Barot, 2019 NY Slip Op 00927 [169 AD3d 747]

February 6, 2019

Appellate Division, Second Department

[*1]

Wells Fargo Bank, National Association, as Trustee for Asset-Backed Securities, Series 2007-AC5, Respondent,

v

Sanjay Barot, Also Known as Sanjay N. Barot, Appellant.

Peter A. Joseph, New York, NY, for appellant.

Sandelands Eyet LLP, New York, NY (Kathleen Cavanaugh of counsel), for respondent.

In an action to foreclose a mortgage, the defendant Sanjay Barot appeals from an order of the Supreme Court, Queens County (Timothy J. Dufficy, J.), entered March 21, 2017. The order denied his motion pursuant to CPLR 2221 (d) to reargue, in effect, inter alia, his prior motion pursuant to CPLR 3211 (a) (2) and (3) to dismiss the complaint, which motion was denied by an order of the same court entered May 18, 2016.

Ordered that the appeal is dismissed, with costs.

No appeal lies from the denial of a motion to reargue ( see Landmark Capital Partners, LLC v Greaves , 164 AD3d 573 [2018]; Boakye-Yiadom v Roosevelt Union Free School Dist. , 57 AD3d 929 [2008]). Thus, the appeal must be dismissed. Dillon, J.P., Miller, LaSalle and Iannacci, JJ., concur..