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FRANK v. GESSEL

108 A.D.2d 896 (1985)

William Frank et al., Respondents, v. Charles Gessel, Appellant and Third-Party Plaintiff-Appellant. William Butera, Third-Party Defendant-Respondent

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

February 25, 1985

Appeal dismissed, with costs.

Appellant's motion was in reality a motion to reargue since no new matter was presented which was unavailable to him in connection with his prior cross motion, which was denied (see, Galaxy Export v Bedford Textile Prods., 89 A.D.2d 576; Erlich v Erlich, 80 A.D.2d 882). Therefore, the appeal must be dismissed. In any event, were we to reach the...

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