Garrett v. Twin Parks Northeast Site 2 Houses, Inc.

Appellate Division of the Supreme Court of New York

Garrett v. Twin Parks Northeast Site 2 Houses, Inc.

256 A.D.2d 224, 682 N.Y.S.2d 349, 1998 N.Y. App. Div. LEXIS 14532

Appellate Division of the Supreme Court of the State of New York·Decided December 29, 1998·Published·Cited by 6 cases

Opinions

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered July 24, 1997, which denied defendants’ motion for summary judgment dismissing the complaint; order, same court and Justice, entered on or about October 22, 1997, which denied third-party defendant’s motion for summary judgment dismissing the complaint and third-party complaint; and order, same court and Justice, entered December 3, 1997, which, to the extent appealable, granted defendants’ motion to renew and reargue and thereupon adhered to its original determination, affirmed, without costs. Third-party defendant’s appeal from that portion of the December 3, 1997 order denying its cross motion to reargue, dismissed, without costs, as no appeal lies from the denial of a motion to reargue.

Wallach and Rubin, JJ., concur in a memorandum by Rubin, J.; Saxe, J., concurs in a separate memorandum, and Lerner, P. J., dissents in a separate memorandum, all as follows:

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—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered July 24, 1997, which denied defendants’ motion for summary judgment dismissing the complaint; order, same court and Justice, entered on or about October 22, 1997, which denied third-party defendant’s motion for summary judgment dismissing the complaint and third-party complaint; and order, same court and Justice, entered December 3, 1997, which, to the extent appealable, granted defendants’ motion to renew and reargue and thereupon adhered to its original determination, affirmed, without costs. Third-party defendant’s appeal from that portion of the December 3, 1997 order denying its cross motion to reargue, dismissed, without costs, as no appeal lies from the denial of a motion to reargue.

Wallach and Rubin, JJ., concur in a memorandum by Rubin, J.; Saxe, J., concurs in a separate memorandum, and Lerner, P. J., dissents in a separate memorandum, all as follows:

Garrett v. Twin Parks Northeast Site 2 Houses, Inc., 256 A.D.2d 224, 682 N.Y.S.2d 349, 1998 N.Y. App. Div. LEXIS 14532 (N.Y. Ct. App. 1998).

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256 A.D.2d 224 (Garrett v. Twin Parks Northeast Site 2 Houses, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinions

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