Superior Ice Rink, Inc. v Nescon Contracting Corp., d/b/a
Motion No: 2007-02146
Slip Opinion No: 2008 NYSlipOp 89169(U)
Decided on November 14, 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

M78536

E/sl

DAVID S. RITTER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-02146

Superior Ice Rink, Inc., plaintiff-appellant,

v Nescon Contracting Corp., d/b/a A1 Discount

Painting, et al., respondents, Seigerman Mulvey

Company, Inc., defendant-appellant.

(Index No. 5858/06)

DECISION & ORDER ON MOTION

Motion by Merchants Mutual Insurance Company on an appeal and cross appeal from an order of the Supreme Court, Nassau County, entered January 25, 2007, which were determined by decision and order of this court dated June 17, 2008, for leave to reargue stated portions of the cross appeal of Superior Ice Rink, Inc., 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.

RITTER, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court