Appellate Division of the Supreme Court of New York, 1970

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

Coffman v. B.T.O. Diner Corp.
Appellate Division of the Supreme Court of New York · Decided May 11, 1970
34 A.D.2d 789; 311 N.Y.S.2d 753; 1970 N.Y. App. Div. LEXIS 4911
Coffman v. B.T.O. Diner Corp.

Opinion of the Court

—■ 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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