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D. M. G. CONSTR. CORP. v. MARCELLO

55 A.D.2d 670 (1976)

D. M. G. Construction Corp., Appellant, v. Joseph Marcello et al., Respondents

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

December 27, 1976

Appeal from the order dated June 28, 1976 dismissed, without costs or disbursements.

No appeal lies from an order denying reargument. Order dated June 30, 1976 reversed insofar as appealed from, without costs or disbursements, the said branch of defendants' motion denied, the plaintiff's application to interpose a reply granted and the proposed reply annexed to the plaintiff's papers on its motion for reargument shall be deemed its reply. On the facts of this case...

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