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HARPER INVESTMENTS, INC. v. HARPER-KILGORE, LLC

Nos. 7701, 650998/11.

95 A.D.3d 668 (2012)

945 N.Y.S.2d 34

2012 NY Slip Op 3939

HARPER INVESTMENTS, INC., et al., Appellants, v. HARPER-KILGORE, LLC, Now Known as KILGORE COMPANIES, LLC, et al., Respondents.

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

Decided May 22, 2012.

As a threshold matter, this appeal is properly before us, as the motion to reargue before Supreme Court was limited to a request to reinstate the complaint, and did not change any aspect of the issue now on appeal—namely, Supreme Court's referral of the matter to the accountant without any limitation on the issues to be decided (see Fox v Issler, 77 A.D.2d 860 [1980]; CPLR 5517 [a] [1]).

On the merits, we perceive...

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