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Lopez v. Post Management LLC

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 29, 2009

CARLOS LOPEZ, PLAINTIFF,
v.
POST MANAGEMENT LLC, ET AL., DEFENDANTS.
POST MANAGEMENT LLC, ET AL., THIRD-PARTY PLAINTIFFS,
METCON CONSTRUCTION CORP., THIRD-PARTY DEFENDANT,
METCON CONSTRUCTION MANAGEMENT, LLC, ET AL., THIRD-PARTY DEFENDANTS-APPELLANTS,
LEA ELECTRICAL CORP., ET AL., THIRD-PARTY DEFENDANTS-RESPONDENTS.

Appeal from order, Supreme Court, Bronx County (Howard R. Silver, J.), entered October 22, 2008, which denied appellants' motion to reargue a prior order summarily dismissing third-party claims against respondents, unanimously dismissed as taken from a non-appealable paper, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Catterson, Moskowitz, Richter, Manzanet-Daniels, JJ.

22579/04 84852/05

No appeal lies from denial of reargument (Kaminer v Wexler, 40 AD3d 405 [2007], lv dismissed 9 NY3d 955 [2007]). The suggestion that the motion court effectively granted reargument and adhered to the prior ruling is without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091229

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