PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

MOTION NO. 577-578/08
DOCKET NOS. CA 07-00898 AND CA 07-00970
MOTION NO. 577-578/08Page 2
DOCKET NOS. CA 07-00898 AND CA 07-00970

AMERICAN MOTORISTS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST OF SPECIALTY NATIONAL INSURANCE COMPANY, AS SUBROGEE OF NIAGARA FALLS CITY SCHOOL DISTRICT, PLAINTIFF-APPELLANT, V LOUIS P. CIMINELLI CONSTRUCTION CO., INC., ALSO KNOWN AS LOUIS P. CIMINELLI CONSTRUCTION, CO., INC., THE CIMINELLI COMPANIES INCORPORATED, LPCIMINELLI CONSTRUCTION CORP., LOUIS P. CIMINELLI MANAGEMENT CO., INC., CIMINELLI HOLDINGS, INC., CIMINELLI SERVICES CORP., LPCIMINELLI INTERESTS, INC., LPCIMINELLI, INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) AMERICAN MOTORISTS INSURANCE COMPANY, AS SUCCESSOR IN INTEREST OF SPECIALTY NATIONAL INSURANCE COMPANY, AS SUBROGEE OF NIAGARA FALLS CITY SCHOOL DISTRICT, PLAINTIFF-APPELLANT, V LOUIS P. CIMINELLI CONSTRUCTION CO. INC., ALSO KNOWN AS LOUIS P. CIMINELLI CONSTRUCTION CO., INC., ET AL., DEFENDANTS, DAVIS-ULMER HOLDING CORP., DAVIS-ULMER LLC, ALSO KNOWN AS AVA LANE HOLDING, LLC, DAVIS-ULMER PARTNERS, ALSO KNOWN AS AVA LANE HOLDINGS, LLC, DAVIS-ULMER SPRINKLER INSPECTIONS, INC. AND AVA LANE HOLDINGS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO. 2.) Plaintiff having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the orders of this Court entered April 25, 2008, Now, upon reading and filing the affidavit of Stanley J. Sliwa sworn to May 30,2 008, the notice of motion with proof of service thereof, the opposing affirmation of Julia M. Hilliker dated June 9, 2008, the opposing affidavit of Kevin J. English sworn to June 9, 2008, the reply PRESENT: CENTRA, J.P., LUNN, PERADOTTO, GREEN, AND PINE, JJ.

affidavit of Stanley J. Sliwa sworn to June 12, 2008, and due deliberation having been had thereon,

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

Entered: July 3, 2008

JoAnn M. Wahl, Clerk