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Klapper v. Eilberg

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1987
135 A.D.2d 504 (N.Y. App. Div. 1987)

Opinion

December 7, 1987

Appeal from the Supreme Court, Nassau County (Robbins, J.).


Ordered that the appeal from the order dated September 8, 1986, is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order and judgment entered June 30, 1986 is affirmed; and it is further,

Ordered that the respondents are awarded one bill of costs.

On this record, the Supreme Court did not improvidently exercise its discretion in rejecting the defendant's untimely opposing affidavit to the plaintiffs' motion for partial summary judgment (see, Foitl v G.A.F. Corp., 64 N.Y.2d 911; CPLR 2214 [b]). Mangano, J.P., Bracken, Eiber and Kunzeman, JJ., concur.


Summaries of

Klapper v. Eilberg

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1987
135 A.D.2d 504 (N.Y. App. Div. 1987)
Case details for

Klapper v. Eilberg

Case Details

Full title:JOSEPH KLAPPER et al., Respondents, v. JEROME EILBERG, Appellant

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

Date published: Dec 7, 1987

Citations

135 A.D.2d 504 (N.Y. App. Div. 1987)