Legal Opinion

Keller v. Frank P. Eberhard Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 8, 1985PublishedCited by 1 opinion

1Opinion of the Court

Although an order denying a motion without prejudice to renewal is appealable as of right (see, e.g., Okin v White Plains Hosp., 97 AD2d 399), the record in this case presents issues of fact warranting the denial of summary judgment at this juncture. Mangano, J. P., Brown, Niehoff and Lawrence, JJ., concur.

2Cases cited1 opinion

  1. Okin v. White Plains HospitalAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by1 opinion

  1. Moleon v. Kreisler Borg Florman General Construction Co.Appellate Division of the Supreme Court of the State of New York · 2003