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THOMPSON v. CLEARWAY AUTOMOTIVE, INC.

50 A.D.3d 1014 (2008)

858 N.Y.S.2d 191

GLENROY T. THOMPSON, Plaintiff, v. CLEARWAY AUTOMOTIVE, INC., et al., Respondents. VIVIAN THOMPSON, Nonparty Appellant.

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

Decided April 22, 2008.

Ordered that the order is affirmed, with costs.

The appellant's motion, denominated as one, inter alia, to vacate a prior order of the same court dated April 11, 2005 granting the defendants' motion pursuant to CPLR 1021 to dismiss the complaint for failure to timely substitute a representative, was, in effect, one for leave to renew and reargue. Upon renewal and reargument, the Supreme Court properly adhered to its prior determination granting the defendants' motion...

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