| Sarmiento v Klar Realty Corp. |
| Motion No: 2005-07274 |
| Slip Opinion No: 2007 NYSlipOp 66882(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. |
Appellate Division: Second Judicial Department
M52938
E/sl
ROBERT W. SCHMIDT, J.P.
WILLIAM F. MASTRO
STEVEN W. FISHER
MARK C. DILLON, JJ.
|
2005-07274 Gabriel Sarmiento, plaintiff, v Klar Realty Corp., et al., defendants, Victor Zucchi and Son, Inc., defendant third-party plaintiff-respondent; Dan Olah Exteriors, Inc., third-party defendant-appellant. (Index No. 7462/00)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant for leave to reargue an appeal from an order of the Supreme Court, Nassau County, dated June 23, 2005, which was determined by decision and order of this court dated December 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.
SCHMIDT, J.P., MASTRO, FISHER and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court