| MOTION NO. 436/07 DANIEL ROOSA AND SARA ROOSA, INDIVIDUALLY AND AS HUSBAND AND WIFE, V CORNELL REAL PROPERTY |
| Motion No: CA 06-03182 |
| Slip Opinion No: 2007 NYSlipOp 83600(U) |
| Decided on November 9, 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. |
PRESENT: MARTOCHE, J.P., SMITH, LUNN, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 06-03182
| MOTION NO. 436/07 DANIEL ROOSA AND SARA ROOSA, INDIVIDUALLY AND AS
HUSBAND AND WIFE, PLAINTIFFS-APPELLANTS-RESPONDENTS, V CORNELL REAL PROPERTY SERVICING, INC., CORNELL UNIVERSITY,
DAVID CHRISTA CONSTRUCTION, INC., AND DAVID CHRISTA CONSTRUCTION, LLC, DEFENDANTS-RESPONDENTS-APPELLANTS. DAVID
CHRISTA CONSTRUCTION, INC., THIRD-PARTY PLAINTIFF, V SPRING LAKE EXCAVATING, THIRD-PARTY
DEFENDANT-RESPONDENT-APPELLANT. |
Defendants David Christa Construction, Inc. and David Christa Construction, LLC having moved for reargument of the order of this Court entered March 16, 2007,
Now, upon reading and filing the affidavit of Frank G. Godson sworn to
September 28, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Denis J. Bastible sworn to October 3, 2007, the opposing undated affirmation of
Robert M. Shaddock, the reply affidavit of Frank G. Godson sworn to October 10, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: November 9, 2007
JoAnn M. Wahl, Clerk