| Compass Construction of New York v Empire Fire & Mari |
| Motion No: 2005-11797 |
| Slip Opinion No: 2008 NYSlipOp 60396(U) |
| Decided on January 8, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M64499
E/sl
A. GAIL PRUDENTI, P.J.
STEPHEN G. CRANE
MARK C. DILLON
EDWARD D. CARNI, JJ.
|
2005-11797 Compass Construction of New York, appellant, v Empire Fire & Marine Company of Omaha, Nebraska, et al., respondents. (Action No. 1) Kevin Kelly, et al., appellants, v Empire Fire & Marine Insurance Companies, respondent. (Action No. 2) (Index Nos. 16676/01, 1643/04)
| DECISION & ORDER ON MOTION |
Motion by the respondent Empire Fire & Marine Companies for leave to reargue appeals from an order of the Supreme Court, Kings County, dated November 7, 2005, which were determined by decision and order of this court dated September 25, 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 to the appellant Compass Construction of New York.
PRUDENTI, P.J., CRANE, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court