| MOTION NO. 1444/08 RONALD BENDERSON, RANDALL BENDERSON AND DAVID H. BALDAUF V ULRICH/34 CHESTNUT STREET, LLC AND |
| Motion No: CA 08-00810 |
| Slip Opinion No: 2009 NYSlipOp 69756(U) |
| Decided on March 20, 2009 |
| 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. |
PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, GREEN, AND GORSKI, JJ.
DOCKET NO. CA 08-00810
AS TRUSTEES OF THE BENDERSON 85-1 TRUST,
| MOTION NO. 1444/08 RONALD BENDERSON, RANDALL BENDERSON AND DAVID H.
BALDAUF, PLAINTIFFS-APPELLANTS, V ULRICH/34 CHESTNUT STREET, LLC AND NATURE'S WAY ENVIRONMENTAL CONSULTANTS &
CONTRACTORS, INC., DEFENDANTS-RESPONDENTS. |
Defendant Ulrich/34 Chestnut Street, LLC having moved for reargument of the order of this Court entered December 31, 2008,
Now, upon reading and filing the affidavit of David H. Elibol sworn to February 5, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Harold M. Halpern dated February 20, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: March 20, 2009
JoAnn M. Wahl, Clerk