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CARBONE v. McDERMOTT

276 A.D.2d 459 (2000)

713 N.Y.S.2d 705

RICHARD CARBONE, Appellant, v. MARIA E. McDERMOTT, Defendant, and CONTINENTAL CIGAR IMPORTERS, LTD., Doing Business as PALOMA CIGARS, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided October 2, 2000.

Ordered that the appeal from the order dated January 3, 2000, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

Ordered that the order dated November 3, 1999, is affirmed insofar as appealed from; and it is further,

Ordered that the respondents are awarded one bill of costs.

The nature and degree of the penalty to be imposed pursuant to CPLR 3126 is a matter within the discretion of...

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