Ricuarte v 45th St. Bake Corp.
Motion No: 2005-04938 +1
Slip Opinion No: 2007 NYSlipOp 66880(U)
Decided on April 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M52922

E/sl

HOWARD MILLER, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2005-04938, 2005-04939

Alberto Ricuarte, respondent, v 45th St. Bake Corp.,

et al., defendants, Madison 45 Company, appellant

(and a third-party action).

(Index No. 47095/98)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from two orders of the Supreme Court, Kings County, dated April 11, 2005, and April 15, 2005, respectively, which were determined by decision and order of this court dated December 12, 2006.

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., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court