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PLAXALL v. ANDREW OBES INT'L MOVING SERVICES

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1986
119 A.D.2d 560 (N.Y. App. Div. 1986)

Opinion

April 7, 1986

Appeal from the Supreme Court, Queens County (Hyman, J.).


Appeal from the order dated May 16, 1985 dismissed, without costs or disbursements. No appeal lies from an order denying reargument of a decision (see, Matter of Metropolitan Prop. Liab. Ins. Co. v. Boisette, 105 A.D.2d 785; De Falco v. JRS Confectionary, 118 A.D.2d 752; Fluman v. TSS Dept. Stores, 100 A.D.2d 838).

Order dated June 10, 1985 modified, by deleting the provision requiring the plaintiff's attorney to pay $40 costs. As so modified, order affirmed, without costs or disbursements.

While we are compelled to affirm most of the order dated June 10, 1985 on technical grounds, we are deleting the imposition of costs and note with disfavor the respondents' utterly dilatory conduct in this case. Furthermore, the motion leading up to the June 10 order should have been referred to Justice LeVine. Lazer, J.P., Thompson, Niehoff and Kunzeman, JJ., concur.


Summaries of

PLAXALL v. ANDREW OBES INT'L MOVING SERVICES

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1986
119 A.D.2d 560 (N.Y. App. Div. 1986)
Case details for

PLAXALL v. ANDREW OBES INT'L MOVING SERVICES

Case Details

Full title:PLAXALL, INC., Appellant, v. ANDREW OBES INTERNATIONAL MOVING SERVICES…

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

Date published: Apr 7, 1986

Citations

119 A.D.2d 560 (N.Y. App. Div. 1986)