Cunningham v. Diers
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the plaintiff Dartha Cunningham appeals from an order of the Supreme Court, Suffolk County (Emerson, J.), dated July 30, 2003, which denied her motion, denominated as one pursuant to CFLR 5015 (a) (1) to vacate, which, in fact, was for leave to reargue that branch of the plaintiffs’ prior motion which was, in effect, to vacate so much of an order of the same court dated October 28, 2002, as granted that branch of the defendants’ prior motion which was to dismiss the complaint insofar as asserted by her.
Ordered that the appeal is…
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