| McNamee Construction Corp. v City of New Rochelle |
| Motion No: 2007-04977 |
| Slip Opinion No: 2009 NY Slip Op 80389(U) |
| Decided on August 11, 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. |
Appellate Division: Second Judicial Department
M90632
E/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
|
2007-04977 McNamee Construction Corp., respondent, v City of New Rochelle, appellant, et al., defendants (and a third-party action). (Index No. 04-11742)
| DECISION & ORDER ON MOTION |
Motion by the respondent for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered May 2, 2007, which was determined by decision and order of this court dated March 24, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court. Cross motion by the appellant to strike certain material contained in the papers filed in support of the respondent's motion.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and cross motion are denied.
MASTRO, J.P., COVELLO, ENG and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court