Fung v Japan Airlines Company, Ltd.
Motion No: 2005-04465
Slip Opinion No: 2006 NYSlipOp 82940(U)
Decided on December 27, 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

M48686

E/sl

ANITA R. FLORIO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-04465

Brent F. Fung, et al., plaintiffs-respondents, v

Japan Airlines Company, Ltd., et al., defendants,

Japan Airlines Management Corp., defendant

third-party plaintiff-appellant-respondent; Aero

Snow Removal Corp., third-party defendant-appellant

(and a second third-party action).

(Action No. 1)

(Index Nos. 10992/02, 350528/02, 350127/03)

Brent F. Fung, et al., respondents, v

Aero Snow Removal Corp., appellant.

(Action No. 2)

(Index No. 299/04)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated March 30, 2005, 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.

FLORIO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court