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JOHNSON v. GEORGE A. FULLER CO.

235 A.D.2d 348 (1997)

653 N.Y.S.2d 10

Christopher Johnson, Respondent, v. George A. Fuller Company, Respondent, and Professional Security Bureau, Ltd., Appellant, et al., Defendants. (And a Third-Party Action.)

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

January 28, 1997

To the extent that appellant's cross motion, denominated one for leave to file a summary judgment motion, is not deemed one for summary judgment, it is merely a motion to reargue a prior order of another Justice, the denial of which is not appealable (Kean v Phelps, 186 A.D.2d 368). That prior order, which, upon granting plaintiff leave to amend his complaint, prohibited the parties from making a summary judgment motion until completion...

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