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McFadden v. Long Island Railroad

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 644 (N.Y. App. Div. 1985)

Opinion

December 23, 1985

Appeal from the Supreme Court, Suffolk County (Corso, J.).


Appeal dismissed, with costs.

Plaintiffs' motion was actually one for reargument and not renewal as contended. The additional facts presented by plaintiffs were known to them at the time of the prior motion and no reasonable excuse has been given for the failure to previously present such to Special Term.

Since the denial of a motion for reargument is not appealable, the appeal must be dismissed (see, Galaxy Export v Bedford Textile Prods., 89 A.D.2d 576). Thompson, J.P., O'Connor, Rubin and Kunzeman, JJ., concur.


Summaries of

McFadden v. Long Island Railroad

Appellate Division of the Supreme Court of New York, Second Department
Dec 23, 1985
115 A.D.2d 644 (N.Y. App. Div. 1985)
Case details for

McFadden v. Long Island Railroad

Case Details

Full title:ELIZABETH McFADDEN, an Infant, by Her Father and Natural Guardian, JOHN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 23, 1985

Citations

115 A.D.2d 644 (N.Y. App. Div. 1985)