Astoria Chemists v. Travelers Indemnity Co. of Connecticut
Cases that cite this one
1 later published case cites this decision.
- Colonial Cooperative Insurance v. Desert Storm Construction Corp. (Appellate Division of the Supreme Court of New York 2003)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action for a judgment declaring, inter alia, that the defendant is obligated to defend and indemnify the plaintiff in an underlying action entitled Cora v Mbanaso, pending in the Supreme Court, Queens County, under Index No. 9330/97, the defendant appeals from (1) an order of the Supreme Court, Queens County (Thomas, J.), dated February 4, 2000, which denied its motion for summary judgment dismissing the complaint, and (2) an order of the same court, dated July 13, 2000, which denied its motion, in effect, to reargue.
Ordered that the appeal from the order dated July 13, 2000, is dismissed; and it is further,
Ordered that the order dated February 4, 2000, is affirmed; and it is further,
Ordered that the respondent is awarded one bill of costs.
There is no valid excuse for the defendant’s failure to submit, at the time of its first motion, all of the material submitted in its subsequent motion. That subsequent motion was therefore, in effect, one for reargument, and the order denying that motion is not appealable (see, Rivers v Fuller Brush Co., 275 AD2d 449). The appeal from that order is therefore dismissed. Bracken, J. P., Thompson, Sullivan and McGinity, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.