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VOGEL v. BENWIL INDUSTRIES, INC.

267 A.D.2d 232 (1999)

699 N.Y.S.2d 870

DENNIS VOGEL, Respondent, v. BENWIL INDUSTRIES, INC., Defendant and Third-Party Plaintiff, et al., Defendant, and BRANHAM MANAGEMENT CORPORATION I et al., Appellants. AUTO PLAZA NISSAN, INC., Third-Party Defendant-Appellant.

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

Decided December 6, 1999.

Ordered that the appeals from the order dated June 15, 1998, are dismissed, as no appeal lies from an order which denied a motion for leave to reargue; and it is further,

Ordered that the order dated April 15, 1998, is reversed insofar as appealed from, on the law and as a matter of discretion, and that branch of the motion which was to strike the answers of the appellants is granted only to the extent that the answer of the Branham defendants is stricken unless John...

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