| Liberty Petroleum Realty, LLC v Gulf Oil, L.P. |
| 2019 NY Slip Op 08380 [177 AD3d 514] |
| November 19, 2019 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Liberty Petroleum Realty, LLC, et al.,
Respondents, v Gulf Oil, L.P., et al., Appellants. |
Law Office of Steven Kohn, P.C., Carle Place (Matthew Feinman of counsel), for appellants.
Harfenist Kraut & Perlstein, LLP, Lake Success (Neil Torczyner of counsel), for respondents.
Order, Supreme Court, Bronx County (Julia I. Rodriguez, J.), entered on or about April 9, 2019, which granted defendants' motion for reargument, and upon reargument, adhered to the court's decision, entered January 7, 2019, denying defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
We need not decide whether there is a procedural bar to this appeal because we find that the court correctly determined that issues of fact exist to preclude the grant of summary judgment dismissing plaintiffs' claims. Concur—Friedman, J.P., Renwick, Richter, Mazzarelli, Oing, JJ.
Motion to vacate the dismissal of defendants' appeal from the order entered January 7, 2019 denied.