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RICHARD'S HOME CENTER & LUMBER, INC. v. KOWNACKI

265 A.D.2d 471 (1999)

698 N.Y.S.2d 861

RICHARD'S HOME CENTER & LUMBER, INC., Respondent, v. DAVID P. KOWNACKI et al., Appellants, et al., Defendants.

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

Decided October 18, 1999.

Ordered that the appeal from so much of the order as denied the branch of the motion which is to reargue is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order is affirmed insofar as reviewed; and it is further,

Ordered that the respondent is awarded one bill of costs.

The Supreme Court improperly denominated the appellants' motion to renew and reargue as one to reargue only, since it was partially...

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