Bauerlein v Salvation Army
Motion No: 2008-11113
Slip Opinion No: 2010 NY Slip Op 86096(U)
Decided on October 26, 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

M110021

E/sl

MARK C. DILLON, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2008-11113

Karl Bauerlein, et al., plaintiffs-respondents-

appellants, et al., plaintiff, v Salvation Army, et al.,

defendants-respondents-appellants, Alliance

Elevator Group, LLC, also known as AEG, LLC,

et al., defendant-respondent, Landmark Elevator

Consultants, Inc., defendant second third-party

defendant-respondent-appellant, et al., defendant,

Inclinator Company of America, Inc., defendant

second third-party plaintiff-appellant-respondent;

Alliance Elevator Company, third-party plaintiff/

second third-party defendant-respondent-appellant,

P.M. Associates, third-party defendant/second

third-party defendant-respondent, et al., third-party

defendants; Schindler Group, et al., second third-

party defendants-respondents, United Technologies

Corporation of New York City, et al., second third-

party defendants-respondents-appellants

(and an additional third-party action).

(Index No. 3895/05)

DECISION & ORDER ON MOTION

Motion by Karl Bauerlein and Donna Bauerlein for leave to reargue stated portions of an appeal and cross appeals from an order of the Supreme Court, Nassau County, entered November 5, 2008, which were determined by decision and order of this Court dated June 8, 2010. Separate motions by Salvation Army and by Alliance Elevator Company for leave to reargue stated portions of the appeal and cross appeals or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motions by Inclinator Company of America, Inc., and by Sodexho 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 motions, no papers having been filed in opposition or in relation to the motion by Inclinator Company of America, Inc., and the papers filed in opposition to the remaining motions, it is

ORDERED that the motions are denied.

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court