U-EAT-MORE DONUT CORP. v. TEDEL ESTATES, INC

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

Ordered that the motion is denied.

The trial court addressed the respondent's motion on the merits, and therefore, in effect, granted the motion to reargue and adhered to the original determination granting summary judgment to the plaintiff. Such an order is appealable to this Court ( see, CPLR 5517 [a] [1]).