Ever Win, Inc. v 1-10 Industry Associates, LLC
Motion No: 2009-06481
Slip Opinion No: 2010 NY Slip Op 83806(U)
Decided on September 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

M108732

E/sl

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-06481

Ever Win, Inc., appellant, v 1-10 Industry

Associates, LLC, respondent.

(Action No. 1)

Atlantic Mutual Insurance Company, etc.,

plaintiff, v Ever Win, Inc., appellant, 1-10

Industry Associates, LLC, respondent.

(Action No. 2)

(Index Nos. 39667/03, 20832/04)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue an appeal from a judgment of the Supreme Court, Kings County, entered May 13, 2009, which was determined by decision and order of this court dated June 1, 2010, 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 thereto, it is

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

FISHER, J.P., COVELLO, HALL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court