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RETIREMENT ACCOUNTS, INC. v. PACST REALTY, LLC

49 A.D.3d 846 (2008)

854 N.Y.S.2d 487

RETIREMENT ACCOUNTS, INC., et al., Respondents, v. PACST REALTY, LLC, Appellant, EDWARD F. MYERS et al., Respondents, et al., Defendants.

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

Decided March 25, 2008.

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

Although the Supreme Court stated that the appellant's motion for leave to reargue was denied, the court, in fact, considered the merits of the underlying motion and cross motion and adhered to its original determination. Thus, contrary to the contention of the plaintiffs and the defendants-respondents, the order dated January 5, 2007 is appealable (see Noble v Noble,

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