ROCCO v. FAMILY FOOT CENTER


49 A.D.3d 849 (2008)

853 N.Y.S.2d 889

SUSAN ROCCO, Plaintiff, v. FAMILY FOOT CENTER, Defendant, and STANLEY J. ZAWADA, Defendant and Third-Party Plaintiff-Respondent. CHARLES LOMBARDI, Third-Party Defendant-Appellant.

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

Decided March 25, 2008.


Ordered that the appeal from the order entered August 20, 2007 is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order entered May 2, 2007 is reversed, on the law and in the exercise of discretion, with costs, and the defendant third-party plaintiff's motion pursuant to CPLR 3126 to strike the answer to the third-party complaint is denied.

The determination whether to strike...

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