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PERALTA v. ALL WEATHER TIRE SALES & SERVICE, INC.

58 A.D.3d 823 (2009)

870 N.Y.S.2d 923

GUSTAVO PERALTA et al., Respondents, v. ALL WEATHER TIRE SALES & SERVICE, INC., et al., Defendants, DANILO MENDEZ, Appellant, and FALKEN TIRE AND CORP., et al., Defendants and Third-Party Plaintiffs. ROSEMARY PERALTA, Third-Party Defendant-Appellant. (And Additional Third-Party Actions.)

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

January 27, 2009.

Ordered that the appeal is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument (see Vandewinckel v Northport/East Northport Union Free School Dist., 24 A.D.3d 432, 433 [2005]; High v County of Westchester, 238 A.D.2d 476 [1997]; Foley v Roche, 68 A.D.2d 558

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