Myers v Polytechnic Preparatory Country Day School
Motion No: 2007-09191
Slip Opinion No: 2008 NYSlipOp 79992(U)
Decided on August 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M74396

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

HOWARD MILLER

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-09191

Robert Myers, et al., respondents, v Polytechnic

Preparatory Country Day School, defendant

third-party plaintiff-appellant; Garmer Industries,

Inc., third-party defendant-appellant, et al.,

third-party defendant.

(Index No. 16172/03)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to appeal to the Court of Appeals from a decision and order of this court dated April 15, 2008, which determined appeals from an order of the Supreme Court, Kings County, dated August 9, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RIVERA, J.P., LIFSON, MILLER, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court