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North Sea Country Gardens v. Venuti

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 324 (N.Y. App. Div. 1997)

Opinion

April 7, 1997


In an action, inter alia, to recover damages for tortious interference with contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated February 23, 1996, which denied its motion for leave to renew and reargue a prior motion by the defendant Robert J. Venuti for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the appeal from so much of the order as denied the branch of the motion which was for reargument is dismissed; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the respondents are awarded one bill of costs.

No appeal lies from an order denying reargument ( see, King v Rockaway One Co., 202 A.D.2d 395). Thus, the plaintiff's appeal, insofar as it seeks review of so much of the order as denied reargument, is dismissed.

The court did not improvidently exercise its discretion in denying that branch of the plaintiff's motion which was for renewal ( see, Friedman v. U-Haul Truck Rental, 216 A.D.2d 266; CPLR 2221). O'Brien, J.P., Ritter, Krausman and Goldstein, JJ., concur.


Summaries of

North Sea Country Gardens v. Venuti

Appellate Division of the Supreme Court of New York, Second Department
Apr 7, 1997
238 A.D.2d 324 (N.Y. App. Div. 1997)
Case details for

North Sea Country Gardens v. Venuti

Case Details

Full title:NORTH SEA COUNTRY GARDENS, Appellant, v. ROBERT J. VENUTI, Respondent, et…

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

Date published: Apr 7, 1997

Citations

238 A.D.2d 324 (N.Y. App. Div. 1997)
656 N.Y.S.2d 923

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