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BEVERAGE MARKETING USA, INC. v. SOUTH BEACH BEVERAGE COMPANY, INC.

58 A.D.3d 657 (2009)

873 N.Y.S.2d 84

BEVERAGE MARKETING USA, INC., Appellant, et al., Plaintiff, v. SOUTH BEACH BEVERAGE COMPANY, INC., Respondents.

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

January 20, 2009.

Ordered that the order entered October 22, 2007 is affirmed, with costs.

A motion for leave to reargue is addressed to the sound discretion of the court which decided the prior motion and may be granted upon a showing that the court overlooked or misapprehended the facts or law, or for some reason mistakenly arrived at its earlier decision (see E.W. Howell Co., Inc. v S.A.F. La Sala Corp., 36 A.D.3d 653, 654 [2007]; Carrillo...

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