MOTION NO. 996/07 PAUL MULCAIRE AND KATHY MULCAIRE V BUFFALO STRUCTURAL STEEL CONSTRUCTION CORP. CIMINELLI-COWPER CO.
Motion No: CA 07-00169
Slip Opinion No: 2008 NYSlipOp 67636(U)
Decided on March 14, 2008
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.


March 14, 2008

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

DOCKET NO. CA 07-00169

MOTION NO. 996/07

PAUL MULCAIRE AND KATHY MULCAIRE, PLAINTIFFS-RESPONDENTS,

V

BUFFALO STRUCTURAL STEEL CONSTRUCTION CORP., DEFENDANT,

CIMINELLI-COWPER CO., INC. AND HAUPTMAN-WOODWARD MEDICAL

RESEARCH INSTITUTE, INC., DEFENDANTS-APPELLANTS.


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 November 23, 2007,

Now, upon reading and filing the affirmation of Alan D. Voos dated December 20, 2007, the notice of motion with proof of service thereof, the opposing affirmation of

Albert J. D'Aquino dated January 17, 2008, the opposing affidavit of Lisa A. Coppola sworn to January 18, 2008, and due deliberation having been had thereon,

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

Entered: March 14, 2008

JoAnn M. Wahl, Clerk