Bennett v Henry
Motion No: 2006-01836
Slip Opinion No: 2007 NYSlipOp 76573(U)
Decided on August 29, 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

M58998

E/cb

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2006-01836

2006-02264

James Bennett, etc., respondent, v

Ernst Henry, appellant, et al., defendant.

(Index No. 11737/00)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue appeals from an order and a judgment of the Supreme Court, Kings County, dated January 6, 2006, and February 9, 2006, respectively, which were determined by decision and order of this court dated April 10, 2007, 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.

RIVERA, J.P., SANTUCCI, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court