Citation Numbers: 126 A.D.2d 627, 511 N.Y.S.2d 63, 1987 N.Y. App. Div. LEXIS 41759
Filed Date: 1/20/1987
Status: Precedential
Modified Date: 10/28/2024
In an action to recover property damage, the defendants appeal (1) from an interlocutory judgment of the Supreme Court, Nassau County (Molloy, J.), dated June 20, 1985, which granted the plaintiff’s motion for summary judgment on the issue of liability, and (2) as limited by their brief, from so much of an order of the same court, dated August 23, 1985, as, upon reargument, adhered to the original determination.
Ordered that the appeal from the interlocutory judgment is dismissed, as that interlocutory judgment was superseded by the order made upon reargument; and it is further,
Ordered that the order is affirmed insofar as appealed from, and it is further,
Ordered that the plaintiff is awarded one bill of costs.
Contrary to the defendants’ contentions, the record reveals that the plaintiff established its prima facie entitlement to