Henry Model & Co. v. Baer Marks & Upham

Order, Supreme Court, New York County (Francis N. Pecora, J.), entered October 2, 1990, which granted defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint, unanimously affirmed, with costs. Order of the same court and Justice, entered September 19, 1990, which granted plaintiffs motion for reargument, and, upon reargument, adhered to the decision underlying the *140order entered on October 2, 1990, on the ground that there was no showing that the court "either misapprehended the relevant facts or misapplied a controlling principle of law,” is deemed to have denied the motion…