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GRELLA v. MID-AM. REALTY INVESTORS LTD. P'SHIP

199 A.D.2d 18 (1993)

605 N.Y.S.2d 857

Debbie F. Grella, Respondent-Appellant, v. Mid-America Realty Investors Limited Partnership et al., Defendants. Firemen's Insurance Company of Newark, New Jersey, Nonparty Appellant-Respondent. (And a Third-Party Action.)

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

December 2, 1993

The IAS Court should not have ever considered Firemen's motion since it is not a party to the underlying action and has never sought leave to intervene (see, Rozewicz v Ciminelli, 116 A.D.2d 990). Moreover, even assuming that Firemen's did have standing to seek to restrain plaintiff from executing on the account in question, we agree with the IAS Court that its motion was, in effect, one to reargue the prior order of January...

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