AMITY PLUMBING & HEATING SUPPLY CORP. v. ZITO PLUMBING & HEATING CORP.


110 A.D.2d 863 (1985)

Amity Plumbing & Heating Supply Corp., Respondent, v. Zito Plumbing & Heating Corp. et al., Defendants, and Lucille Zito, Appellant

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

April 29, 1985


Order affirmed, with costs.

Preliminarily, it must be noted that the motion which the order appealed from determined was labeled as one "to reargue" a prior motion to vacate a default judgment entered against defendant Lucille Zito upon her default in appearing. In denying this motion, Special Term stated, inter alia, that the "motion to reargue is denied". Accordingly, plaintiff argues that the appeal must be dismissed since no appeal lies from an order denying...

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