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WELCH FOODS, INC. v. WILSON

247 A.D.2d 830 (1998)

669 N.Y.S.2d 109

Welch Foods, Inc., Appellant, v. Ralph W. Wilson et al., as Members of Board of Public Utilities of Village of Westfield, et al., Respondents. Village of Westfield, Third-Party Plaintiff, v. Mogen David Wine Corporation et al., Third-Party Defendants-Respondents

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

February 4, 1998

Order unanimously reversed on the law without costs, motion denied and order reinstated.

Memorandum:

Supreme Court erred in granting defendants' motion to renew and reargue and vacating its prior order granting plaintiff's cross motion for partial summary judgment (see, CPLR 2221; Doe v Roe, 210 A.D.2d 932). Although defendants purported to seek renewal and reargument of the cross motion, they in actuality...

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