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LONG ISLAND LIGHTING COMPANY v. CENTURY INDEMNITY COMPANY

52 A.D.3d 383 (2008)

861 N.Y.S.2d 616

LONG ISLAND LIGHTING COMPANY, Plaintiff, and KEYSPAN CORPORATION, Appellant, v. CENTURY INDEMNITY COMPANY et al., Respondents, et al., Defendants.

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

Decided June 19, 2008.

We reject KeySpan's argument that the IAS court had the authority, pursuant to CPLR 5015 (a) (5) or inherently, to vacate the final order of dismissal and judgment previously entered in connection with the Syosset Landfill claim. In order to vacate an order of dismissal under CPLR 5015 (a) (5), that prior disposition must have been reversed, modified or vacated. Here, the IAS court's final order and judgment of dismissal was based...

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