FITZPATRICK v. COOK


58 A.D.2d 642 (1977)

Joan Fitzpatrick, as Executrix, Respondent, v. Fred A. Cook et al., Appellants, et al., Defendant. (Action No. 1.) Roger Peterson, Respondent, v. Avis Rent a Car System, Inc., et al., Defendants. (Action No. 2.)

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

June 27, 1977


Order affirmed insofar as appealed from, with $50 costs and disbursements payable to plaintiff-respondent in Action No. 2 by appellants.

Special Term, in denying the initial motion, properly noted that the two actions present different questions of law and fact. The motion to reargue was untimely, for such motion "should be made no later than the time limited for taking an appeal from the order; otherwise the prohibition against extending the time to take an appeal...

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