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Dagnino v. Key Bank

Citation: 2021 NY Slip Op 06834Docket: 2018-12945

Court: Appellate Division of the Supreme Court of the State of New York; December 7, 2021; New York; State Appellate Court

Original Court Document: View Document

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Key Bank appealed an amended order from the Supreme Court of Dutchess County that denied its motion, which it labeled as one for leave to reargue and renew. This motion was related to a prior denial of summary judgment on its cross claim for contractual indemnification against the Village of Red Hook. The Appellate Division, Second Department found that the motion did not present new facts and was therefore properly classified as a motion for leave to reargue, which is not appealable. Consequently, the court dismissed the appeal without costs or disbursements.