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JACKSON & WHEELER, INC. v. VILLAGE OF PLEASANTVILLE

56 A.D.3d 723 (2008)

JACKSON & WHEELER, INC., Respondent, v. VILLAGE OF PLEASANTVILLE et al., Defendants, and TOMOS, LLC, Appellant. (and a Third-Party Action.)

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

November 25, 2008.

Ordered that the order entered March 29, 2007, is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiff's motion which was for leave to reargue is denied.

The Supreme Court erred in granting that branch of the plaintiff's motion which was for leave to reargue, as it did not overlook or misapprehend the facts or law on that branch of the initial motion of the defendant Tomos, LLC (hereinafter Tomos), which was to dismiss the breach...

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