Caballero v Benjamin Beechwood, LLC
Motion No: 2008-09042
Slip Opinion No: 2010 NY Slip Op 71787(U)
Decided on May 18, 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

M102932

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2008-09042

Ruben Dario Caballero, plaintiff-respondent-appellant,

v Benjamin Beechwood, LLC, et al., defendants-

respondents-appellants, LCC Contracting Corp.,

et al., appellants-respondents

(and a third-party action).

(Index No. 4126/06)

DECISION & ORDER ON MOTION

Motion by LCC Contracting Corp. for leave to reargue an appeal and cross appeals from an order of the Supreme Court, Queens County, dated September 8, 2008, which were determined by decision and order of this court dated November 17, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this court.

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

ORDERED that the motion is denied.

MASTRO, J.P., MILLER, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court