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SCOTT v. FIELDS

2010-10366, 2011-04128.

92 A.D.3d 666 (2012)

938 N.Y.S.2d 575

2012 NY Slip Op 950

GRACE MARJORIE SCOTT, Appellant, v. SHERRAN FIELDS et al., Defendants, and C & C HOMES, INC., Respondent.

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

Decided February 7, 2012.

Ordered that the appeal from the order dated March 9, 2011, is dismissed, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the order entered September 22, 2010, is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendant C & C Homes, Inc., which was pursuant to CPLR 3211 (a) (7) to dismiss the third cause of action insofar as asserted against it, and substituting therefor...

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