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BD. OF MANAGERS OF THE LANDMARK CONDO. v. 117 TULIP AVE. ASSOCS.

247 A.D.2d 569 (1998)

669 N.Y.S.2d 54

Board of Managers of the Landmark Condominium, Appellant, v. 117 Tulip Avenue Associates et al., Defendants, and Licon Associates, Inc., Respondent

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

February 23, 1998

Ordered that the appeal from the order dated August 23, 1996, is dismissed, as no appeal lies as of right from an order which does not determine a motion made on notice (see, CPLR 5701 [a] [2];[c]); and it is further,

Ordered that the order entered January 30, 1997, is reversed insofar as appealed from, as a matter of discretion, upon reargument, the order dated August 23, 1996, is vacated, the complaint is reinstated, and the matter is remitted to the Supreme...

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