MOTION NO. 704/07 DEBORAH L. WILSON AND RONALD T. WILSON V WALGREEN DRUG STORE, N-P PROPERTIES OF WNY LLC, NORBERT
Motion No: CA 06-01741
Slip Opinion No: 2007 NYSlipOp 79858(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: MARTOCHE, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

DOCKET NO. CA 06-01741

MOTION NO. 704/07
DEBORAH L. WILSON AND RONALD T. WILSON,
PLAINTIFFS-RESPONDENTS,
V
WALGREEN DRUG STORE, N-P PROPERTIES OF WNY LLC,
NORBERT O'BRIEN AND KULBACK'S CONSTRUCTION, INC.,
DEFENDANTS-APPELLANTS.
(ACTION NO. 1.)


DEBORAH L. WILSON, ET AL., PLAINTIFFS,
V
LAUER-MANGUSO & ASSOCIATES, ET AL., DEFENDANTS.
(ACTION NO. 2.)
——————————————————————————
WALGREEN EASTERN CO., INC., THIRD-PARTY
PLAINTIFF-APPELLANT-RESPONDENT,
V
SOUTHSIDE SNOWPLOWING, THIRD-PARTY
DEFENDANT-RESPONDENT-APPELLANT.

Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 6, 2007,

Now, upon reading and filing the affirmation of Robert E. Scott dated August 7, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Jeffrey J. Signor dated August 15, 2007, the opposing affidavit of Matthew J. Duggan sworn to August 17, 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