Stern v H. DiMarzo, Inc.
Motion No: 2010-00738
Slip Opinion No: 2011 NY Slip Op 63265(U)
Decided on February 4, 2011
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

M114997

E/sl

JOSEPH COVELLO, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SHERI S. ROMAN, JJ.

2010-00738

James Stern, et al., appellants-respondents,

v H. DiMarzo, Inc., et al., respondents-appellants

(and a third-party action).

(Index No. 07-24321)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents for leave to reargue an appeal and cross appeal from an order of the Supreme Court, Westchester County, dated December 8, 2009, which was determined by decision and order of this Court dated October 12, 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.

COVELLO, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court