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Long Island Pipe Fabrication & Supply Corp. v. S & S Fire Suppression System, Inc.

Citations: 226 A.D.2d 1137; 641 N.Y.S.2d 575; 1996 N.Y. App. Div. LEXIS 5282Docket: Appeal No. 2

Court: Appellate Division of the Supreme Court of the State of New York; April 19, 1996; New York; State Appellate Court

Narrative Opinion Summary

The appeal regarding the denial of reargument was unanimously dismissed, referencing Empire Ins. Co. v Food City, and the order was affirmed without costs. The memorandum aligns with the findings in Long Is. Pipe Fabrication Supply Corp. v. S. S. Fire Suppression Sys. The case originated from an order of the Supreme Court in Nassau County, presided over by Justice Alpert, concerning reargument and renewal. The decision included the participation of Justices Green (J.P.), Lawton, Wesley, Doerr, and Boehm.

Legal Issues Addressed

Affirmation of Lower Court's Order

Application: The court affirmed the order of the Supreme Court in Nassau County, validating the lower court's decision without imposing any costs.

Reasoning: The appeal regarding the denial of reargument was unanimously dismissed, referencing Empire Ins. Co. v Food City, and the order was affirmed without costs.

Dismissal of Appeal on Denial of Reargument

Application: The appeal regarding the denial of reargument was dismissed by referencing a precedent case, indicating that the court found no basis to reconsider the arguments presented.

Reasoning: The appeal regarding the denial of reargument was unanimously dismissed, referencing Empire Ins. Co. v Food City, and the order was affirmed without costs.

Judicial Concurrence in Decision

Application: The memorandum reflects a uniform agreement among the justices, aligning with prior legal findings, which reinforces the decision through established case law.

Reasoning: The memorandum aligns with the findings in Long Is. Pipe Fabrication Supply Corp. v. S. S. Fire Suppression Sys.