Under New York law, an order denying a motion for reargument of a prior motion is not appealable. A purported appeal from such an order will therefore be dismissed. Conversely, an order granting reargument is appealable, even though the court may adhere to its prior decision and the outcome is the same as though reargument had been denied. The difference between a motion for reargument and one for renewal is significant in terms of appellate consequences. An order denying a motion for renewal of a prior motion is appealable, while, as noted, and order denying a motion for reargument is not.
A 1999 amendment to the CPLR codified the rules governing the appealability of orders on motion for reargument and renewal. The amendment added a new subparagraph (viii) added to CPLR 5701(a)(2), as follows:
