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LEHMAN v. NORTH GREENWICH LANDSCAPING, LLC

65 A.D.3d 1293 (2009)

MYRA LEHMAN, Respondent, v. NORTH GREENWICH LANDSCAPING, LLC, Respondent, and HORTON SCHOOL ASSOCIATES, Appellant.

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

Decided September 29, 2009.

Ordered that the order entered May 9, 2008 is reversed, on the law, and the appellant's motion pursuant to CPLR 3211 (a) (5) and (8) to dismiss the complaint and all cross claims insofar as asserted against it is granted; and it is further,

Ordered that the appeal from the order entered August 29, 2008 is dismissed, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that one bill of costs is awarded to the appellant.

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