CITARELLA v. LARO MAINTENANCE CORPORATION


258 A.D.2d 612 (1999)

685 N.Y.S.2d 756

ELLEN CITARELLA et al., Appellants, v. LARO MAINTENANCE CORPORATION, a Division of Laro Services Systems, Inc., Sued Herein as LARO MAINTENANCE CO., INC., Respondent.

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

Decided February 22, 1999.


Ordered that the appeal from the order is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument.

The plaintiffs in this slip and fall case did not offer a valid excuse for their failure to offer the testimony of a co-worker of the injured plaintiff when the defendant's motion for summary judgment was submitted. Accordingly, the plaintiffs' motion, which was denominated as one for renewal, was, in fact, one for reargument, the...

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