Opinion
December 3, 1998
Appeal from the Supreme Court, New York County (Emily Goodman, J.).
While the motion court's prior grant of summary judgment dismissing the complaint as to all defendants but Robert Olnick and Robert Gladstone is not reviewable on this purported appeal from the subsequent order denying plaintiffs' motion for reargument of the original summary judgment motion (see, Grosso Moving Packing Co. v. Damens, 233 A.D.2d 128), we note that the record evidence, namely the deeds and title reports, sufficiently established that none of the defendants, with the exception of Robert Olnick, owned the subject property at the time of the alleged negligence. Accordingly, the net effect of the two orders plaintiffs would have us review, i.e., the dismissal of the action as to all defendants but Robert Olnick, was correct.
Concur — Rosenberger, J. P., Wallach, Rubin and Saxe, JJ.