MOTION NO. 813 THE NEW KAYAK POOL CORPORATION, NOW KNOWN AS KAYAK POOL CORPORATION, AND KAYAK KATALOGUE, CORP. V
Motion No: CA 10-00073
Slip Opinion No: 2010 NY Slip Op 84827(U)
Decided on October 1, 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.


October 1, 2010

PRESENT: SCUDDER, P. J., MARTOCHE, SCONIERS, GREEN, AND GORSKI, JJ.

CA 10-00073

MOTION NO. 813

THE NEW KAYAK POOL CORPORATION, NOW KNOWN AS KAYAK POOL

CORPORATION, AND KAYAK KATALOGUE, CORP.,

PLAINTIFFS-RESPONDENTS,

V

KAVINOKY COOK LLP, DEFENDANT-APPELLANT,

AND HODGSON RUSS, LLP, DEFENDANT-RESPONDENT.


Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 11, 2010,

Now, upon reading and filing the affidavit of Michael J. Willett, Esq. sworn to July 16, 2010, the notice of motion with proof of service thereof, the affidavit of Michael A. Brady, Esq. sworn to July 27, 2010, the affidavit of William R. Lindsley, Esq. sworn to July 29, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: October 1, 2010

Patricia L. Morgan, Clerk