Thorne v Cauldwell Terrace Construction Corp.
Motion No: 2007-10809
Slip Opinion No: 2009 NY Slip Op 88118(U)
Decided on November 9, 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

M94144

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2007-10809

David Thorne, appellant, v Cauldwell

Terrace Construction Corp., et al., respondents.

(Index No. 12003/05)

DECISION & ORDER ON MOTION

Motion by the respondent Carlbourt Construction Corp. for leave to reargue an appeal from an order of the Supreme Court, Queens County, dated June 12, 2007, which was determined by decision and order of this court dated June 9, 2009, 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.

PRUDENTI, P.J., MILLER, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court