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ROCKPORT CONSTR. CO., INC. v. BOSTON-WILLIAMSBRIDGE CORP.

237 A.D.2d 107 (1997)

655 N.Y.S.2d 342

Rockport Construction Co., Inc., Appellant, v. Boston-Williamsbridge Corp. et al., Respondents

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

March 4, 1997

Although plaintiff characterized its motion as one to renew as well as reargue the prior order, from which it did not appeal, in fact the motion was not based on any facts not before the court on the prior motion, and was therefore properly considered as one for reargument only, the denial of which is nonappealable (see, Pan World Constr. Corp. v 791 Park Ave. Corp., 185 A.D.2d 105, 107, lv dismissed and denied

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