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LIBERTY NAT'L BANK & TRUST CO. v. BERO CONSTR. CORP.

29 A.D.2d 627 (1967)

Liberty National Bank and Trust Company et al., as Executors of George W. Dunn, Deceased, Respondents, v. Bero Construction Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 7, 1967

Order unanimously reversed, with costs, and motion denied.

Memorandum:

Plaintiff's motion for reargument of its motion to strike defenses made after its time to appeal from denial thereof expired should not have been granted. A motion to reargue cannot be used to extend the time to appeal and such a motion must therefore, be made before the time to appeal has expired. (Matter of Huie [Furman], 20 N.Y.2d 568; 2 Carmody...

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