McKee v Great Atlantic and Pacific Tea Company, doing b
Motion No: 2009-03389
Slip Opinion No: 2010 NY Slip Op 78405(U)
Decided on July 30, 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

M106251

E/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2009-03389

Anthony McKee, et al., appellants,

v Great Atlantic and Pacific Tea Company,

doing business as Waldbaums, defendant-

respondent, C. Raimondo & Sons Construction

Company, defendant third-party plaintiff-respondent;

Avon Contractors, third-party defendant-respondent.

(Index No. 22073-04)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue stated portions of an appeal from an order of the Supreme Court, Suffolk County, dated February 24, 2009, which was determined by decision and order of this court dated May 11, 2010.

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

ORDERED that the motion is denied, with $100 costs.

PRUDENTI, P.J., FISHER, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court