LEVINSON v. AETNA CAS. & SUR. CO.


37 A.D.2d 893 (1971)

David Levinson, Respondent, v. Aetna Casualty and Surety Co., Appellant

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

October 27, 1971


The second decision granting the renewal motion was clearly proper under CPLR 2221 (see 2 Carmody-Wait 2d, New York Practice, §§ 8:74-8:78) and superseded the original decision which denied the motion for summary judgment based on the reasoning that, as a matter of law, respondent's activities did not fall within the definition of a "business pursuit" as set forth in the policy. Accordingly, the propriety of the first order is academic and the appeal from that order...

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