Feldman v CSX Transportation, Inc.
Motion No: 2004-10647
Slip Opinion No: 2006 NYSlipOp 76831(U)
Decided on September 29, 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

M45213

E/nl

THOMAS A. ADAMS, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT A. SPOLZINO, JJ.

2004-10647

Jeffrey Feldman, plaintiff-appellant, v CSX

Transportation, Inc., et al., defendants-respondents,

General Electric Railcar Corporation, s/h/a

General Electric Rail Services Corp., defendant

third-party plaintiff-respondent; Pure Tech APR,

etc., et al., third-party defendants-appellants.

(Index No. 26985/02)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-appellants for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated October 19, 2004, which was determined by decision and order of this court dated July 25, 2006, 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.

ADAMS, J.P., GOLDSTEIN, LUCIANO and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court