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Miller v. Ludwig

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 20, 2015
126 A.D.3d 1397 (N.Y. App. Div. 2015)

Opinion

03-20-2015

Laurie R. MILLER and George K. Miller, Doing Business as Pine Hill Stables, Plaintiffs–Respondents, v. Doris LUDWIG, et al., Defendants, and Mary Morrison, Defendant–Appellant.

Law Office of Tonie M. Franzese, P.C., Northville, Michigan (Tonie M. Franzese, of the Michigan and California Bars, Admitted Pro Hac Vice, of Counsel), for Defendant–Appellant. Christopher C. Shambo, Ballston Spa (Alexander Phengsiaroun of Counsel), for Plaintiffs–Respondents.


Law Office of Tonie M. Franzese, P.C., Northville, Michigan (Tonie M. Franzese, of the Michigan and California Bars, Admitted Pro Hac Vice, of Counsel), for Defendant–Appellant.

Christopher C. Shambo, Ballston Spa (Alexander Phengsiaroun of Counsel), for Plaintiffs–Respondents.

Opinion

MEMORANDUM:Although defendant-appellant purports to appeal from an order denying a motion to dismiss, the record establishes that she is actually appealing from an order denying a motion for leave to reargue a prior motion to dismiss. It is well settled that no appeal lies from an order denying a motion for leave to reargue (see MidFirst Bank v. Storto, 121 A.D.3d 1575, 1575, 993 N.Y.S.2d 854 ; Britt v. Buffalo Mun. Hous. Auth., 115 A.D.3d 1252, 1252, 982 N.Y.S.2d 649 ).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, and WHALEN, JJ., concur.


Summaries of

Miller v. Ludwig

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 20, 2015
126 A.D.3d 1397 (N.Y. App. Div. 2015)
Case details for

Miller v. Ludwig

Case Details

Full title:Laurie R. MILLER and George K. Miller, Doing Business as Pine Hill…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Mar 20, 2015

Citations

126 A.D.3d 1397 (N.Y. App. Div. 2015)
3 N.Y.S.3d 696
2015 N.Y. Slip Op. 2344

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