Summary
reversing grant of summary judgment where an issue of fact existed as to whether the defendant could have completed performance by the end of the "law day" despite the time for closing being set for 10:00 a.m.
Summary of this case from In re AAGS Holdings LLCOpinion
June 23, 1992
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The IAS court correctly deemed the motion by defendant North Jersey Trading Corporation and the individual defendants to be a motion to reargue. As such, no appeal lies from the denial of reargument (Matter of Hochberg v. Davis, 171 A.D.2d 192). Were we to consider the matter on the merits, we would affirm for the reasons stated by Justice Tompkins in his decision dated October 2, 1991.
Concur — Ellerin, J.P., Kupferman, Asch and Kassal, JJ.