ALBION GRAIN CO., INC. v. HOWARD FARMS, INC.


79 A.D.2d 881 (1980)

Albion Grain Co., Inc., Respondent, v. Howard Farms, Inc., Appellant

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

December 23, 1980


Order unanimously reversed, with costs, and motion denied.

Memorandum:

The court erred in vacating a conditional order of preclusion, made after the time to appeal therefrom had expired, upon motion by plaintiff to resettle and amend. "A motion to reargue may not be used by a party to extend its time to appeal; such motion must be made before the expiration of the time in which to appeal from the determination of the original motion (Liberty Nat. Bank ...

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