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NATIONWIDE INSURANCE COMPANY v. NEW YORK LIGHTER COMPANY, INC.

2008-11402, 2009-03136

68 A.D.3d 950 (2009)

2009 NY Slip Op 9443

891 N.Y.S.2d 148

NATIONWIDE INSURANCE COMPANY, as Subrogee of Frank Maloney and Another, et al., Respondents, v. NEW YORK LIGHTER COMPANY, INC., Appellant, et al., Defendant. (And a Third-Party Action.)

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

Decided December 15, 2009.

Ordered that the appeal from the order dated November 25, 2008 is dismissed, without costs or disbursements, as no appeal lies from an order denying leave to reargue; and it is further,

Ordered that the order dated July 28, 2008 is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant New York Lighter Company, Inc., which was for summary judgment dismissing so much of the third cause of action as alleged breach...

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