| RCN Construction Corp. v Fleet Bank, N.A. |
| Motion No: 2005-06851 +1 |
| Slip Opinion No: 2006 NYSlipOp 60335(U) |
| Decided on January 6, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Appellate Division: Second Judicial Department
M34492
S/sl
STEPHEN G. CRANE, J.P.
REINALDO E. RIVERA
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-06851, 2005-10642 RCN Construction Corp., respondent, v Fleet Bank, N.A., defendant third-party plaintiff; Neal Mandel, et al., third-party defendants-appellants.
(Index No. 7890/02)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated December 14, 2005, in the above-entitled case is amended by deleting the first decretal paragraph thereof and substituting therefor the following decretal paragraph:
"ORDERED that on the court's own motion, the appeal from so much of the order dated May 19, 2005 (Appellate Division Docket No. 2005-06851), as granted the plaintiff's motion to compel the appellants to provide discovery is dismissed, without costs or disbursements, as no appeal lies from that portion of the order which was entered upon the default of the appealing party (see Lumberman's Mut. Cas. Co. v Fireman's Fund American Insurance Co., 117 AD2d 588); and it is further,"
CRANE, J.P., RIVERA, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court