Beharry v Public Storage, Inc.
Motion No: 2005-05941
Slip Opinion No: 2007 NYSlipOp 67812(U)
Decided on April 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M53572

E/sl

HOWARD MILLER, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT J. LUNN, JJ.

2005-05941

Deonarine Beharry, et al., respondents, v

Public Storage, Inc., et al., appellants

(and a third-party action).

(Index No. 1523/02)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue an appeal from a judgment of the Supreme Court, Queens County, entered May 24, 2005, which was determined by decision and order of this court dated January 9, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the respondents pursuant to 22 NYCRR 130-1.1 for an award of costs and an attorney's fee, and to impose a sanction against the appellants.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied with $100 costs; and it is further,

ORDERED that the cross motion is granted to the extent indicated above, and the cross motion is otherwise denied.

MILLER, J.P., RIVERA, SKELOS and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court