AIKENS CONSTRUCTION OF ROME, INC. v. SIMONS


284 A.D.2d 946 (2001)

727 N.Y.S.2d 213

AIKENS CONSTRUCTION OF ROME, INC., Also Known as AIKENS CONSTRUCTION, INC., Appellant, v. KAREN SIMONS, Defendant, and NBT BANK OF ROME, NY, Respondent.

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

Decided June 8, 2001.


Order unanimously reversed on the law without costs and motion to reargue dismissed.

Memorandum:

Supreme Court erred in granting the motion of defendant NBT Bank of Rome, NY (NBT Bank) to reargue its motion seeking dismissal of the complaint against it. Plaintiff served an amended complaint as of right before the motion was decided (see generally, STS Mgt. Dev. v New York State Dept. of Taxation & Fin.,<...

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