Chelli v Banle Associates, LLC
Motion No: 2004-02243
Slip Opinion No: 2006 NYSlipOp 62822(U)
Decided on February 9, 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 is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35925

Y/sl

A. GAIL PRUDENTI, P.J.

DANIEL F. LUCIANO

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-02243

Jorge Chelli, plaintiff-respondent, v

Banle Associates, LLC, defendant third-party

plaintiff-appellant; P.N.M. Elevator Corp.,

third-party defendant-respondent.

(Index No. 841/01)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered February 23, 2004, which was determined by decision and order of this court dated October 31, 2005, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., LUCIANO, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court