| Wydra v Chai |
| Motion No: 2007-03839 |
| Slip Opinion No: 2008 NYSlipOp 79327(U) |
| Decided on August 1, 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
M73990
S/sl
HOWARD MILLER, J.P.
JOSEPH COVELLO
RANDALL T. ENG
CHERYL E. CHAMBERS, JJ.
|
2007-03839 Martin Wydra, etc., et al., respondents, v David Chai, et al., defendants; New York Contract Realty, Inc., proposed intervenor- appellant. (Index No. 3667/92)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated July 1, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the respondents for leave to reargue an appeal from an appeal from an order of the Supreme Court, Kings County, dated March 14, 2007, which was determined by decision and order of this court dated April 8, 2008, or 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.
MILLER, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court