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D & D ASPHALT CONSTRUCTION CORP. v. COREALTY, LLC

296 A.D.2d 432 (2002)

744 N.Y.S.2d 713

D & D ASPHALT CONSTRUCTION CORP., Respondent, v. COREALTY, LLC, Appellant.

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

Decided July 8, 2002.

Ordered that the appeal from so much of the order dated October 1, 2001 as denied that branch of the defendant's motion which was for leave to reargue is dismissed, as no appeal lies from the denial of leave of reargue; and it is further,

Ordered that the order entered June 14, 2001 is reversed, on the law, the motion is granted, the judgment entered January 18, 2001 is vacated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings...

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