| Kirk Smith v Garo Enters., Inc. |
| Motion No: 2009-608 |
| Slip Opinion No: 2009 NY Slip Op 82184 |
| Decided on September 1, 2009 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
Kirk Smith,
Appellant,
v
Garo Enterprises, Inc., et al.,
Defendants;
Carol Radin, et al.,
Nonparty-Respondents.
Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.