| Leeward Isles Resorts, Ltd. v Charles C. Hickox |
| Motion No: 2009-261 |
| Slip Opinion No: 2009 NYSlipOp 68841 |
| Decided on April 07, 2009 |
| Court of Appeals 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. |
Leeward Isles Resorts, Limited,
Respondent,
v
Charles C. Hickox,
Appellant.
Motion for reargument of motion for leave to appeal denied. Movant was not precluded by CPLR 5511 from seeking leave to appeal from the final April 2008 Supreme Court judgment to bring up for review the prior nonfinal Appellate Division order by which he is aggrieved. That Supreme Court's final judgment was entered without opposition did not here constitute a waiver of the right to move for leave to appeal from that paper under CPLR 5602(a)(1)(ii) (seeParamount Communications, Inc. v Gibraltar Cas. Co., 90 NY2d 507, 513 [1997]).
Chief Judge Lippman took no part.