MOTION NO. 494/07 NICHOLAS PIAZZA V SHAW CONTRACT FLOORING SERVICES, INC., DOING BUSINESS AS SPECTRA CONTRACT FLOORING
Motion No: CA 06-01868
Slip Opinion No: 2007 NYSlipOp 79846(U)
Decided on September 28, 2007
Appellate Division, Fourth 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.


September 28, 2007

PRESENT: HURLBUTT, J.P., MARTOCHE, SMITH, CENTRA, AND PERADOTTO, JJ.

DOCKET NO. CA 06-01868

MOTION NO. 494/07
NICHOLAS PIAZZA, PLAINTIFF-APPELLANT,
V
SHAW CONTRACT FLOORING SERVICES, INC., DOING BUSINESS AS
SPECTRA CONTRACT FLOORING, AND GREGORY SIMMONS,
INDIVIDUALLY AND DOING BUSINESS AS SIMMONS FLOORING AND
REMODELING, DEFENDANTS-RESPONDENTS.

Defendant Shaw Contract Flooring Services, Inc. having moved for reargument of the order of this Court entered April 20, 2007,

Now, upon reading and filing the affidavit of Andrew M. Burns sworn to June 4, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Samuel J. Capizzi sworn to June 11, 2007, the reply affidavit of Andrew M. Burns sworn to June 21, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: September 28, 2007

JoAnn M. Wahl, Clerk