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RIVERBAY CORP. v. STEINER

144 Misc.2d 530 (1989)

Riverbay Corporation, Plaintiff, v. George Steiner et al., Defendants.

Supreme Court, Bronx County.

June 28, 1989

Attorney(s) appearing for the Case

Moore, Berson, Lifflander, Eisenberg & Mewhinney (Michael R. Sonberg of counsel), for plaintiff. Goetz, Fitzpatrick & Flynn for Kaswol Construction Corp. and another, defendants. Snow Becker Krauss, P. C. (Alan M. Rubin of counsel), for Ace Pump Corporation, defendant.

BERTRAM KATZ, J.

A motion for reargument based on an intervening change in the law may be made even after the time to appeal the prior order has expired, where the prior order can still be reviewed by the appellate court as part of an appeal from a later final judgment. (Foley v Roche, 86 A.D.2d 887.) Accordingly, this court is constrained to grant plaintiffs' reargument...

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