S.L. BENFICA TRANSPORTATION, INC. v. RAINBOW MEDIA, INC.


13 A.D.3d 348 (2004)

786 N.Y.S.2d 98

S.L. BENFICA TRANSPORTATION, INC., Appellant, v. RAINBOW MEDIA, INC., et al., Respondents.

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

December 6, 2004.


Ordered that the judgment is affirmed, with costs.

Prior to the commencement of trial, the defendants unsuccessfully moved for summary judgment dismissing the complaint. Contrary to the plaintiff's primary argument on this appeal, the mere existence of certain pretrial orders, including those denying the defendants' prior motion for summary judgment and motion for leave to reargue that motion, did not require the automatic denial of the later motion made by the defendants...

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