Forest Hills Gardens Corporation v 150 Greenway Terrace,
Motion No: 2005-06428
Slip Opinion No: 2007 NYSlipOp 72016(U)
Decided on June 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

M56124

E/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

GABRIEL M. KRAUSMAN

RUTH C. BALKIN, JJ.

2005-06428

Forest Hills Gardens Corporation, respondent,

v 150 Greenway Terrace, LLC, appellant.

(Index No. 18026/04)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated May 25, 2005, which was determined by decision and order of this court dated February 27, 2007, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Application by the respondent for an award of costs and an attorney's fee.

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

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

ORDERED that the application is denied except to the extent indicated above.

SCHMIDT, J.P., SANTUCCI, KRAUSMAN and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court