Riverbay Corp. v. Steiner

OPINION OF THE COURT

Bertram Katz, J.

A motion for reargument based on an intervening change in the law may be made even after the time to appeal the prior order has expired, where the prior order can still be reviewed by the appellate court as part of an appeal from a later final judgment. (Foley v Roche, 86 AD2d 887.) Accordingly, this court is constrained to grant plaintiffs’ reargument of its cross motion, previously denied in this court’s order entered March 30, 1987, and upon reargument grants leave to plaintiff to serve a second amended complaint in the form annexed to the moving papers,…