Simpson v Tommy Hilfiger U.S.A., Inc.
Motion No: 2006-06406
Slip Opinion No: 2006 NYSlipOp 76985(U)
Decided on October 2, 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

M45293

Y/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2006-06406

Winthrop Simpson, appellant, v Tommy

Hilfiger U.S.A., Inc., etc., et al., respondents.

(Index No. 31952/00)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 16, 2006, on the ground that the order denied a motion which was, in effect, for leave to reargue.

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

ORDERED that the motion is denied without prejudice to raising the issue in the respondents' brief.

FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court