MOTION NO. 15/08 JAMES A. DIETZ V COMPASS PROPERTY MANAGEMENT CORPORATION AND EVERGREEN TOWNHOUSES HOMEOWNERS
Motion No: CA 07-00075
Slip Opinion No: 2009 NY Slip Op 77463(U)
Decided on July 2, 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.


July 2, 2009

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, GREEN, AND PINE, JJ.

DOCKET NO. CA 07-00075

MOTION NO. 15/08

JAMES A. DIETZ, PLAINTIFF-APPELLANT,

V

COMPASS PROPERTY MANAGEMENT CORPORATION AND EVERGREEN

TOWNHOUSES HOMEOWNERS ASSOCIATION, INC.,

DEFENDANTS-RESPONDENTS.


Defendant Evergreen Townhouses Homeowners Association, Inc. having moved for clarification of the order of this Court entered March 14, 2008,

Now, upon reading and filing the affidavit of Johanna M. Dash sworn to May 12, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Marc C. Panepinto dated May 19, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, denied.

Entered: July 2, 2009

Patricia L. Morgan, Clerk