The legal universe is coated in general rules and principles but, as well known, general principles and rules have their individualized specific exceptions. This article examines such instances in appellate procedure.

Denial of a Motion To Reargue

The Rule: “Reargument is not designed to afford the unsuccessful party successive opportunities to reargue issues previously decided…or to present arguments different from those originally asserted.” William P. Pahl Equipment v. Kassis, 182 A.D.2d 22, 27 (1st Dep’t 1992). “No appeal lies from an order made upon reargument and adhering to the prior determination in a decision.” New York & Presbyterian Hospital v. AIU Insurance, 20 A.D.3d 515 (2d Dep’t 2005); Kitchen v. Diakhate, 68 A.D.3d 570, 571, 889 N.Y.S.2d 846 (1st Dep’t 2009).

Three Exceptions to the Rule