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Stein v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 742 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

Appeal from the Supreme Court, Westchester County (Donovan, J.).


Ordered that the appeal is dismissed, with costs.

Since the plaintiff's motion was not based upon new facts which were unavailable at the time he submitted his original motion for leave to amend the complaint, it was not a motion for renewal, but a motion for reargument (see, Spear v. Herbert, 152 A.D.2d 558), the denial of which is not appealable (see, De Freitas v. Board of Educ., 129 A.D.2d 672). Thompson, J.P., Brown, Harwood and Balletta, JJ., concur.


Summaries of

Stein v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 742 (N.Y. App. Div. 1991)
Case details for

Stein v. County of Westchester

Case Details

Full title:EDWARD J. STEIN, as Executor of GERTRUDE STEIN, Deceased, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1991

Citations

172 A.D.2d 742 (N.Y. App. Div. 1991)

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