| KANSAS STATE BANK OF MANHATTAN, V HARRISVILLE VOLUNTEER FIRE DEPARTMENT, INC. AND DANKO EMERGENCY EQUIPMENT CO., |
| Motion No: 1089-09 |
| Slip Opinion No: 2009 NY Slip Op 93096(U) |
| Decided on December 30, 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. |
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND GORSKI, JJ.
MOTION NO. 1089-09
DOCKET NO. CA 09-00250
| KANSAS STATE BANK OF MANHATTAN,
PLAINTIFF-RESPONDENT-APPELLANT, V HARRISVILLE VOLUNTEER FIRE DEPARTMENT, INC. AND DANKO EMERGENCY EQUIPMENT CO.,
DEFENDANTS-APPELLANTS-RESPONDENTS |
Defendants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered October 2, 2009,
Now, upon reading and filing the affidavit of Julian B. Modesti sworn to November 17, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Lucy M. Gerviss sworn to November 25, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: December 30, 2009
Patricia L. Morgan, Clerk