| American Building Supply Corp. v Avalon Properties, Inc. |
| Motion No: 2005-03206 |
| Slip Opinion No: 2007 NYSlipOp 63454(U) |
| Decided on February 20, 2007 |
| 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
M50873
E/nl
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
REINALDO E. RIVERA
ROBERT A. SPOLZINO, JJ.
|
2005-03206 American Building Supply Corp., plaintiff, v Avalon Properties, Inc., a/k/a Avalonbay Communities, Inc., appellant-respondent, York Hunter Construction, Inc., et al., respondents-appellants, et al., defendants. (Index No. 8976/99)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent for leave to reargue an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, entered February 24, 2005, which was determined by decision and order of this court dated September 26, 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.
PRUDENTI, P.J., MILLER, RIVERA and SPOLZINO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court