| McNamee Construction Corp. v City of New Rochelle |
| Motion No: 2005-05023 |
| Slip Opinion No: 2006 NYSlipOp 77606(U) |
| Decided on October 13, 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. |
Appellate Division: Second Judicial Department
M45645
O/sl
HOWARD MILLER, J.P.
ROBERT A. SPOLZINO
ROBERT A. LIFSON
MARK C. DILLON, JJ.
|
2005-05023 McNamee Construction Corp., plaintiff, v City of New Rochelle, defendant third-party plaintiff-respondent, Desman Associates, etc., et al., defendants third-party defendants-appellants. (Index No. 04-11742)
| DECISION & ORDER ON MOTION |
Motion by the defendant third-party plaintiff-respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered April 19, 2005, which was determined by decision and order of this court dated May 2, 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.
MILLER, J.P., SPOLZINO, LIFSON and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court