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STATE FARM FIRE AND CASUALTY COMPANY v. BROWNE

43 A.D.3d 1149 (2007)

843 N.Y.S.2d 131

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. ALICE BROWNE, Respondent.

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

Decided September 25, 2007.

Ordered that the appeal from so much of the order as denied the plaintiff's cross motion, in effect, for leave to reargue stated portions of the defendant's prior cross motion for summary judgment is dismissed, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order is modified, on the law and in the exercise of discretion, by deleting the provisions thereof, upon reargument, awarding prejudgment interest in the amount of

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