AXA Equit. Life Ins. Co. v Kalina
2012 NY Slip Op 08929 [101 AD3d 1657]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


AXA Equitable Life Insurance Company et al., Respondents, v Richard Kalina et al., Appellants. (Appeal No. 2.)

—[*1] Paduano & Weintraub, New York City (Leonard Weintraub of counsel), for defendants-appellants.

Hancock Estabrook, LLP, Syracuse (John T. McCann of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, A.J.), entered February 29, 2012. The order, among other things, denied the motion of defendants for leave to reargue and granted the cross motion of plaintiffs to compel discovery.

It is hereby ordered that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed and the order is modified on the law by denying the cross motion and as modified the order is affirmed without costs.

Same memorandum as in AXA Equit. Life Ins. Co. v Kalina (101 AD3d 1655 [2012]). Present—Scudder, P.J., Centra, Valentino, Whalen and Martoche, JJ.