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Coffman v. B.T.O. Diner Corp.

34 A.D.2d 789 Court N.Y. App. Div. Decision date 1970-05-11 English

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p. 789
Theodore Coffman et al., Appellants, v. B.T.O. Diner Corp., et al., Respondents. (Action No. 1.) In the Matter of the Arbitration between Theodore Coffman, Appellant, and Harry Diktaban et al., Respondents. (Action No. 2.)

—■ Appeal from an order of the Supreme Court, Nassau County, dated November 24, 1969, which denied a motion by appellants for reargument of their prior motion to consolidate two arbitration proceedings and to appoint an arbitrator or arbitrators. Appeal dismissed, with $10 costs and disbursements. No appeal lies from an order denying reargument (Matter of Foglia, 32 A D 2d 836 ). We have nevertheless examined the merits and, were the appeal properly before us, we would affirm the order (Kushlin v. Bialer, 32 A D 2d 217 , 218). Christ, P. J., Rabin, Hopkins, Munder and Brennan, JJ., concur.

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