Legal Opinion
Amity Plumbing & Heating Supply Corp. v. Zito Plumbing & Heating Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 29, 1985PublishedCited by 9 opinions
1Opinion of the Court
Preliminarily, it must be noted that the motion which the order appealed from determined was labeled as one “to reargue” a prior motion to vacate a default judgment entered against defendant Lucille Zito upon her default in appearing. In denying this motion, Special Term stated, inter alia, that the “motion to reargue is denied”. Accordingly, plaintiff argues that the appeal must be dismissed since no appeal lies from an order denying reargument (see, Magliano v Merckling, 99 AD2d 825).
Appellant moved to vacate a judgment entered upon her default in appearing. By order dated November 4,1982,…
2Cases cited2 opinions
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
- Magliano v. MercklingAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by9 opinions
- Fahey v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1985
- Awad v. SeverinoAppellate Division of the Supreme Court of the State of New York · 1986
- Regional Gravel Products, Inc. v. StantonAppellate Division of the Supreme Court of the State of New York · 1987
- Reilly-Whiteman, Inc. v. Cherry Hill Textiles, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Zolov v. DonovanAppellate Division of the Supreme Court of the State of New York · 1988
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