| DONALD GIMENO, V AMERICAN SIGNATURE, INC., DOING BUSINESS AS VALUE-CITY FURNITURE, CONSTRUCTION ONE MELCO CONSTRUCTION |
| Motion No: 1293-09 |
| Slip Opinion No: 2010 NY Slip Op 66611(U) |
| Decided on February 11, 2010 |
| 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., SMITH, CARNI, AND GREEN, JJ.
MOTION NO. 1293-09
DOCKET NO. CA 09-01063
| DONALD GIMENO, PLAINTIFF-APPELLANT-RESPONDENT, V AMERICAN
SIGNATURE, INC., DOING BUSINESS AS VALUE-CITY FURNITURE, CONSTRUCTION ONE, DEFENDANTS-RESPONDENTS, MELCO CONSTRUCTION SERVICES,
INC., AND MIDWEST INTERIORS, DEFENDANTS-RESPONDENTS-APPELLANTS, ET AL., DEFENDANT. |
Respondent Construction One having moved for leave to appeal to the Court of Appeals from the order of this Court entered November 20, 2009,
Now, upon reading and filing the affirmation of Kevin E. Loftus dated December 28, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Alan D. Voos dated January 7, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied.
Entered: February 11, 2010
Patricia L. Morgan, Clerk