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Mathews v. Visual Thermoforming

187 A.D.2d 965 Court N.Y. App. Div. Decision date 1992-11-18 Docket Appeal No. 2 English

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p. 965
Eugene Mathews, Respondent, v Visual Thermoforming, Respondent, and Prescotech a Company of Tennetics, Inc., Appellant.
(Appeal No. 2.)

Appeal unanimously dismissed without costs. Memorandum: The motion, denominated by defendant Prescotech A Company of Tennetics, Inc. and Supreme Court as one to "reargue and/or renew”, was in fact a motion to reargue. No appeal lies from an order denying reargument (see, Matter of Hurley v Avon Cent. School Dist., 187 AD2d 982 [decided herewith]; Kirchoff v International Harvester Co., 138 AD2d 820 , 821; Matter of Jones v Marcy, 135 AD2d 887 , 888). (Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Reargument.) Present — Green, J. P., Lawton, Boehm, Fallon and Davis, JJ.

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