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76TH AND BROADWAY, LLC v. CONSOLIDATED EDISON COMPANY OF NEW YORK, INC.

452935/14. 8261. 8260.

168 A.D.3d 621 (2019)

93 N.Y.S.3d 285

2019 NY Slip Op 00671

76th and Broadway, LLC, et al., Respondents, v. Consolidated Edison Company of New York, Inc., Defendant, and General Glass & Metal, LLC, Appellant. (And a Third-Party Action.)

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

Decided January 31, 2019.

Although denominated a motion to "modify," General Glass's motion below actually sought reargument (see CPLR 2221 [a]; Foley v Roche, 68 A.D.2d 558, 567-568 [1st Dept 1979]). While the denial of a motion to reargue is generally not appealable, the motion court addressed the merits of the motion at oral argument. Accordingly, we treat the order as having granted reargument, and adhering...

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