ER Holdings, LLC v 122 W.P.R. Corp.
Motion No: 2008-10110
Slip Opinion No: 2009 NY Slip Op 90318(U)
Decided on December 4, 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

M95394

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON, JJ.

2008-10110, 2008-10573

ER Holdings, LLC, etc., appellant,

v 122 W.P.R. Corp., respondent, et al.,

defendants.

(Index No. 06-16185)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to reargue appeals from an order and a judgment of the Supreme Court, Westchester County, entered October 18, 2008, and October 24, 2008, respectively, which were determined by decision and order of this court dated September 29, 2009. Cross motion by the respondent to impose a sanction upon the appellant.

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.

PRUDENTI, P.J., MILLER, ANGIOLILLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court