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FANG SHI v. SANCHEZ

36 A.D.3d 486 (2007)

828 N.Y.S.2d 339

ZHI FANG SHI, Respondent, v. EDWIN SANCHEZ et al., Respondents. MOTOR VEHICLE ACCIDENT INDEMNIFICATION CORPORATION, Nonparty Appellant.

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

Decided January 16, 2007.

While MVAIC's second motion challenging the motion court's claimed oversight of MVAIC's opposition to plaintiff's motion for leave to sue MVAIC was properly deemed by the motion court as one to reargue MVAIC's first motion challenging the claimed oversight, the motion court erred in concluding that the second motion was untimely. When MVAIC made the second motion, the order rendered on its first motion had not yet been served with notice of entry. Therefore, the time to appeal...

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