NOBLE v. NOBLE


43 A.D.3d 893 (2007)

841 N.Y.S.2d 634

JOANNE NOBLE, Respondent, v. WILLIAM NOBLE, Appellant.

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

Decided September 11, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

Although the Supreme Court stated that the defendant's motion for leave to reargue was denied, the court, in fact, for the first time, partially granted that branch of the defendant's motion which was for the distribution from escrow of certain sale proceeds, thereby, in effect, granting reargument. Thus, the order is appealable (see CPLR 5517 [a] [1]; Matter of Sorg v Zoning Bd. of...

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