Keller v. Frank P. Eberhard Co.

Although an order denying a motion without prejudice to renewal is appealable as of right (see, e.g., Okin v White Plains Hosp., 97 AD2d 399 ), the record in this case presents issues of fact warranting the denial of summary judgment at this juncture. Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.