| PAUL CWIKLINSKI AND LISE CWIKLINSKI V SEARS, ROEBUCK & CO., INC., EMERSON ELECTRIC CO., AND VERMONT AMERICAN CORPORATION |
| Motion No: 1621-09 |
| Slip Opinion No: 2010 NY Slip Op 71266(U) |
| Decided on April 30, 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., CENTRA, FAHEY, CARNI, AND PINE, JJ.
MOTION NO. 1621-09
DOCKET NO. CA 09-1435
| PAUL CWIKLINSKI AND LISE CWIKLINSKI, PLAINTIFFS-RESPONDENTS,
V SEARS, ROEBUCK & CO., INC., EMERSON ELECTRIC CO., AND VERMONT AMERICAN CORPORATION,
DEFENDANTS-APPELLANTS. |
Plaintiffs having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered February 11, 2010, and defendants having cross-moved for reargument, and for other relief,
Now, upon reading and filing the affirmation of Debra A. Norton, Esq. dated March 19, 2010, the affidavit of Michael B. Powers, Esq. sworn to April 5, 2010, the notices of motion with proof of service thereof, the affirmation of Carolyn M. Henry, Esq. dated April 6, 2010, the affirmations of Debra A. Norton, Esq. dated April 9, 2010 and April 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion and cross motion are denied.
Entered: April 30, 2010
Patricia L. Morgan, Clerk