Staten Island New York CVS, Inc. v Gordon Retail D
Motion No: 2007-09005
Slip Opinion No: 2009 NY Slip Op 71626(U)
Decided on May 6, 2009
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

M86111

E/cb

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

CHERYL E. CHAMBERS, JJ.

2007-09005

Staten Island New York CVS, Inc., appellant-

respondent, v Gordon Retail Development, LLC,

et al., defendants third-party plaintiffs-respondents-

appellants, Virga Commercial Contractors, Inc.,

defendants second third-party plaintiffs-respondents-

appellants, Nave, Newell & Stampfl, Ltd., et al.,

defendants-respondents-appellants; Future Tech

Consultants of New York, Inc., third-party

defendant-respondent, et al., second third-party defendants.

(Action No. 1)

Staten Island New York CVS, Inc., et al., appellants,

v MXW Holding Corp., respondent.

(Action No. 2)

(Index Nos. 10972/03, 12197/04)

DECISION & ORDER ON MOTION

Motion by Future Tech Consultants of New York, Inc., for leave to reargue stated portions of an appeal from an order of the Supreme Court, Richmond County, dated September 7, 2007, which were determined by decision and order of this court dated December 16, 2008, 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.

MASTRO, J.P., FISHER, FLORIO and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court