Liberty National Bank & Trust Co. v. Bero Construction Corp.

Order unanimously reversed, with costs, and motion denied. Memorandum: Plaintiff’s motion for reargument of its motion to strike defenses made after its time to appeal from denial thereof expired should not have been granted. A motion to reargue cannot be used to extend the time to appeal and such a motion must therefore, be made before the time to appeal has expired. (Matter of Huie [Furman], 20 N Y 2d 568; 2 Carmody-Wait 2d, New York Practice, § 8:81 and cases cited therein; McKinney’s Cons. Laws of N. Y., Book 7B, CPLR 2221, Supplementary Practice Commentary [1967 Supp. p. 18]).…