Aronoff v. Albanese

In a stockholder’s derivative action, the plaintiffs appeal from (1) an order of the Supreme Court, Westchester County, dated November 20, 1978, which treated defendants’ motion to dismiss the complaint as one for summary judgment, granted summary judgment and dismissed the complaint and (2) a further order of the same court, dated February 9, 1979, which denied their motion for reargument. Appeal from the order dated February 9, 1979 dismissed, without costs or disbursements. An order denying reargument is not appealable. (See Mazur v Mazur, 38 AD2d 951; Lefrak v Lefrak, 47 AD2d 912.) Order…