Fireman's Fund Insurance Company, a/s/o Garden Place Tr
Motion No: 2009-05720
Slip Opinion No: 2010 NY Slip Op 66546(U)
Decided on March 25, 2010
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

M100283

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-05720

Fireman's Fund Insurance Company, a/s/o

Garden Place Trust, plaintiff-respondent,

v Sweeney & Harkin Carpentry & Dry Wall

Corporation, defendant third-party plaintiff-

appellant; Harvard Plumbing & Heating Corp.,

third-party defendant-respondent.

(Index No. 18628/06)

DECISION & ORDER ON MOTION

Motion by the plaintiff-respondent to enlarge the record on an appeal from an order of the Supreme Court, Kings County, dated April 28, 2009, to include a certain order of the same court dated October 26, 2009, or to direct the court to take judicial notice of the order dated October 26, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court