MS Partnership v Wal-mart Stores

MS Partnership v Wal-Mart Stores 2003 NY Slip Op 20053 [2 AD3d 1267] December 31, 2003 Appellate Division, Fourth Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

MS Partnership, Appellant,
v
Wal-Mart Stores, Inc., et al., Respondents, et al., Defendants. (Appeal No. 2.)

—Appeal from an order of Supreme Court, Jefferson County (Gilbert, J.), entered November 20, 2002, which denied plaintiff's motion for leave to reargue and/or renew the motion of defendants 81 & 3 of Watertown, Inc. and Bella Vista Group, Inc. for summary judgment dismissing the amended complaint against them and plaintiff's cross motion for leave to amend the amended complaint to add a cause of action.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue be and the same hereby is unanimously dismissed (see Empire Ins. Co. v Food City, 167 AD2d 983, 984 [1990]) and the order is affirmed without costs for the reasons stated in decision at Supreme Court, Jefferson County, Gilbert, J. Present—Pigott, Jr., P.J., Pine, Wisner and Kehoe, JJ.