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ESTATE OF DUNPHY v. DUNPHY

253 A.D.2d 409 (1998)

675 N.Y.S.2d 895

Estate of Ann Dunphy, Deceased, Appellant, v. Herbert T. Dunphy, Jr., Respondent, and A & F Custom Builders, Inc., Intervenor-Respondent

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

August 3, 1998

Ordered that the appeal is dismissed, with costs to the intervenor-respondent.

Although the appellant's motion was denominated as one to renew and reargue, the appellant did not offer any new evidence on the matter of the lien extension. Accordingly, the motion was actually a motion to reargue, the denial of which is not appealable (see, Price v Palagonia, 212 A.D.2d 765...

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