Thomas Litkenhaus & Linda Litkenhaus v 1158 Hylan Blvd. Corp., Individually & Doing Bus. As M & M Bagels, Ann Conti & Mary Filmeno, Co-administratrixes of Estate of Rose Mansueto, Alfred P. Moline, Jr. & Walter Bowers

Motion No: 2008-01598 RIC

Slip Opinion No: 2010 NY Slip Op 67350(U)

Decided on March 24, 2010

Appellate Term, 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 TERM : 2nd, 11th and 13th JUDICIAL DISTRICTS

PRESENT : WESTON, J.P., RIOS and STEINHARDT, JJ.

NO. 2008-1598 RI C

THOMAS LITKENHAUS and LINDA LITKENHAUS,

Appellants,

-against-

1158 HYLAN BOULEVARD CORP., individually and doing
business as M & M BAGELS, ANN CONTI and MARY FILMENO,
Co-Administratrixes of the Estate of ROSE MANSUETO,
ALFRED P. MOLINE, JR. and WALTER BOWERS,

Respondents.

DECISION Motion by respondents Ann Conti and Mary Filmeno, co-administratrixes of the estate of Rose Mansueto, for leave to appeal to the Appellate Division is denied.

We note that nothing in this court's decision precludes movants from seeking contribution from the other owners of the property by impleader or otherwise.