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Wilber v. Quality Vacuum Forming Machine Company, Inc.

2 A.D.3d 1267 Court N.Y. App. Div. Decision date 2003-12-05 Docket Appeal No. 2 English

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p. 1267
In the Matter of Susan Wilber et al., Appellants, for Discovery in Aid of Bringing an Action. (Action No. 1.) Susan Wilber et al., Appellants, v Quality Vacuum Forming Machine Company, Inc., Defendant and Third-Party Plaintiff-Respondent. Foamex International, Inc., Third-Party Defendant-Respondent. (Action No. 2.) Susan Wilber et al., Appellants, v Pak-Tech, Inc., et al., Defendants, and Recticel Foam Corporation et al., Respondents. (Action No. 3.)
(Appeal No. 2.)
[767 NYS2d 925]

— Appeal from an order of Supreme Court, Erie County (Howe, J.), entered January 27, 2003, which denied appellants’ motion for leave to reargue, renew and modify and for a protective order.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue be and the same hereby is unanimously dismissed (see Empire Ins. Co. v Food City, 167 AD2d 983 , 984 [1990]) and the order is affirmed without costs. Present — Pine, J.P., Wisner, Kehoe, Gorski and Lawton, JJ.