Bender v. Madison Square Garden Corp.

Appellate Division of the Supreme Court of New York

Bender v. Madison Square Garden Corp.

247 A.D.2d 344, 669 N.Y.S.2d 211, 1998 N.Y. App. Div. LEXIS 1834

Appellate Division of the Supreme Court of the State of New York·Decided February 26, 1998·Published

Opinion

Appeal from order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 15, 1997, which deemed defendants-appellants’ motion for summary judgment to be one for reargument, and, so considered, denied the motion as untimely, unanimously dismissed, without costs, as taken from a nonappealable order.

The IAS Court properly deemed defendants’ second motion for summary judgment as one for reargument, and accordingly we dismiss the appeal from the order denying it (see, Avildsen v Prystay, 243 AD2d 352).

Concur — Milonas, J. P., Williams, Mazzarelli and Andrias, JJ.

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Appeal from order, Supreme Court, New York County (Diane Lebedeff, J.), entered January 15, 1997, which deemed defendants-appellants’ motion for summary judgment to be one for reargument, and, so considered, denied the motion as untimely, unanimously dismissed, without costs, as taken from a nonappealable order.

The IAS Court properly deemed defendants’ second motion for summary judgment as one for reargument, and accordingly we dismiss the appeal from the order denying it (see, Avildsen v Prystay, 243 AD2d 352).

Concur — Milonas, J. P., Williams, Mazzarelli and Andrias, JJ.

Bender v. Madison Square Garden Corp., 247 A.D.2d 344, 669 N.Y.S.2d 211, 1998 N.Y. App. Div. LEXIS 1834 (N.Y. Ct. App. 1998).

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Opinion

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