LUMBERMEN'S MUT. CAS. CO. v. FIREMAN'S FUND AM. INS. CO.


117 A.D.2d 588 (1986)

Lumbermen's Mutual Casualty Company, Respondent, v. Fireman's Fund American Insurance Company, Appellant

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

February 3, 1986


Appeal dismissed, without costs or disbursements.

Judgment in favor of plaintiff was entered after the court had granted an unopposed motion by plaintiff to renew a prior motion for summary judgment. Although plaintiff characterized the motion as one to reargue, the papers submitted in support of that motion contained factual matters not included in the prior motion. The motion was therefore one to renew. Whether deemed a motion to renew or a motion to reargue, however...

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