Ordered that the order is affirmed insofar as appealed from, with costs.
Initially, we note that the defendant's motion to modify the parties' divorce judgment was denied with "leave to resubmit his application upon whatever additional facts he deems appropriate". Contrary to the plaintiff's contention, this order, which was the functional equivalent of an order denying the defendant's motion for relief without prejudice to renewal, is appealable as of right by the...
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