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DOWNEY v. NIGRO-KUESTER ASSOCS., INC.

50 A.D.2d 732 (1975)

Gary D. Downey et al., Respondents, v. Nigro-Kuester Associates, Inc., et al., Appellants

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

December 2, 1975

Respondents shall recover of appellants $40 costs and disbursements of this appeal. The motion by defendants to reargue is not only denominated as such, but is in fact solely one to reargue and the denial of such application is not appealable (CPLR 5701, 7 Weinstein-Korn-Miller, NY Civ Prac, par 5701.23). However, if we reached the merits of the instant appeal, we...

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