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FREITAS v. NEW YORK CITY TRANSIT AUTHORITY

297 A.D.2d 270 (2002)

746 N.Y.S.2d 844

ANTONIO FREITAS et al., Appellants, v. NEW YORK CITY TRANSIT AUTHORITY, Defendant, and LEHRER & McGOVERN, INC., Respondent. LEHRER & McGOVERN BOVIS, INC., Sued Herein as LEHRER & McGOVERN, INC., Third-Party Plaintiff-Respondent, v. RITE-WAY INTERIOR REMOVAL, INC., Third-Party Defendant-Respondent.

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

Decided August 29, 2002.

By apparently rejecting on the merits the argument that plaintiffs raised for the first time on the motion to reargue, i.e., that the July 1996 note of issue remained in effect, the court, in effect, granted reargument (see, Keh Soo Park v J.G. White Eng'g Corp., 99 A.D.2d 719, 720), and the order is appealable.

Since the case was not marked "off" or unanswered at a calendar clerk's call, but was marked "disposed," apparently...

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