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OnBANK & TRUST CO. v. DIMOVICH

197 A.D.2d 857 (1993)

604 N.Y.S.2d 866

Onbank & Trust Co., Formerly Known as Merchants National Bank & Trust Company of Syracuse, Respondent, v. Louis Dimovich et al., Appellants

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

October 1, 1993

Appeal unanimously dismissed without costs.

Memorandum:

The appeal of defendants from the order denying their motion to reargue must be dismissed because no appeal lies from such an order and there is no basis to designate their motion to reargue as one to renew (see, Empire Ins. Co. v Food City, 167 A.D.2d 983, 984). Although defendants purport to appeal from an earlier order denying their motion to vacate...

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