Scott Eden Management v. Kavovit

Appellate Division of the Supreme Court of New York

Scott Eden Management v. Kavovit

197 A.D.2d 569, 604 N.Y.S.2d 745, 1993 N.Y. App. Div. LEXIS 9173

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 12, 1993

StatusPublished

This text of 197 A.D.2d 569 (Scott Eden Management v. Kavovit) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Scott Eden Management v. Kavovit, 197 A.D.2d 569, 604 N.Y.S.2d 745, 1993 N.Y. App. Div. LEXIS 9173 (N.Y. Ct. App. 1993).

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Opinion

—In an action to recover damages for breach of contract, the defendants appeal from (1) so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered February 27, 1991, as denied their motion for summary judgment, (2) an order of the same court, entered May 15, 1992, which granted the plaintiffs leave to enter a money judgment in the principal sum of $52,634, and (3) an order of the same court, entered May 24,1991, which denied the defendants’ motion for reargument. The notice of appeal from an order dated March 19, 1992, is deemed a premature notice of appeal from the order entered May 15, 1992.

Ordered that the appeal from the order dated May 24, 1991, is dismissed, as no appeal lies from an order denying reargument (see, Jacondino v Louis, 186 AD2d 109); and it is further,

Ordered that the order dated February 27, 1991, is affirmed insofar as appealed from, and the order entered May 15, 1992, is affirmed, for reasons stated by Justice Coppola in the Supreme Court (see, Scott Eden Mgt. v Kauovit, 149 Mise 2d 262); and it is further,

Ordered that the plaintiffs are awarded one bill of costs. Bracken, J. P., Sullivan, Copertino and Pizzuto, JJ., concur.

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—In an action to recover damages for breach of contract, the defendants appeal from (1) so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered February 27, 1991, as denied their motion for summary judgment, (2) an order of the same court, entered May 15, 1992, which granted the plaintiffs leave to enter a money judgment in the principal sum of $52,634, and (3) an order of the same court, entered May 24,1991, which denied the defendants’ motion for reargument. The notice of appeal from an order dated March 19, 1992, is deemed a premature notice of appeal from the order entered May 15, 1992.

Ordered that the appeal from the order dated May 24, 1991, is dismissed, as no appeal lies from an order denying reargument (see, Jacondino v Louis, 186 AD2d 109); and it is further,

Ordered that the order dated February 27, 1991, is affirmed insofar as appealed from, and the order entered May 15, 1992, is affirmed, for reasons stated by Justice Coppola in the Supreme Court (see, Scott Eden Mgt. v Kauovit, 149 Mise 2d 262); and it is further,

Ordered that the plaintiffs are awarded one bill of costs. Bracken, J. P., Sullivan, Copertino and Pizzuto, JJ., concur.

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Bluebook (online)

197 A.D.2d 569, 604 N.Y.S.2d 745, 1993 N.Y. App. Div. LEXIS 9173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-eden-management-v-kavovit-nyappdiv-1993.

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