BRILLIANTINE v. EAST HAMPTON FUEL OIL CORP.

2021-06016. Index No. 619324/17.

221 A.D.3d 951 (2023)

198 N.Y.S.3d 606

2023 NY Slip Op 06112

Lance Brilliantine et al., Respondents, v. East Hampton Fuel Oil Corp., Appellant.

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

Decided November 29, 2023.


Attorney(s) appearing for the Case

McCabe, Collins, McGeough, Foster, Levine & Nogan, LLP, Jericho, NY ( Patrick M. Murphy of counsel), for appellant.

Connolly, J.P., Iannacci, Wooten and Ford, JJ., concur.


In an action, inter alia, to recover damages for a violation of Navigation Law § 181, the defendant appeals from an order of the Supreme Court, Suffolk County (David T. Reilly, J.), dated July 23, 2021. The order denied the defendant's motion, denominated as one for leave to renew and reargue, but which was, in actuality, one for leave to reargue its prior motion for summary judgment dismissing the plaintiff's claims for damages relating to the diminution in value of...

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