Kelligrew v Lynch (2004 NY Slip Op 50220(U))
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Kelligrew v Lynch
2004 NY Slip Op 50220(U)
Decided on March 31, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on March 31, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
NOS. 2003-668 W C
and2003-1559 W C
ALICIA KELLIGREW and MICHAEL LOVE, Appellants,
against
MARGARET LYNCH, Respondent.
Appeal by plaintiffs from so much of an order of the Justice Court, Town of North Salem, County of Westchester (R. Mackin, J.), dated March 13, 2003, as denied their motion for partial summary judgment.
Appeal by plaintiffs from so much of an order of the same court, dated May 2, 2003, in effect granting their motion to reargue as, upon reargument, adhered to its prior determination denying their motion for partial summary judgment.
On the court's own motion, the appeals are consolidated for purposes of disposition.
Order dated May 2, 2003 unanimously modified by providing that upon reargument, plaintiff's motion for partial summary judgment on their second cause of action is granted; as so modified, affirmed without costs.
Appeal from order dated March 13, 2003 unanimously dismissed as superseded by the order dated May 2, 2003.