Exeter Building Corp. v Scottsdale Insurance Company
Motion No: 2009-11612
Slip Opinion No: 2011 NY Slip Op 68136(U)
Decided on March 25, 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

M117621

E/sl

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2009-11612

Exeter Building Corp., et al., respondents,

v Scottsdale Insurance Company, appellant.

(Index No. 19254/08)

DECISION & ORDER ON MOTION

Motion by the respondents to vacate a decision and order of this Court dated December 17, 2010, which determined an appeal from an order of the Supreme Court, Nassau County, entered November 19, 2009, or, in the alternative, to resettle the decision and order dated December 17, 2010, to delete the award of costs.

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

ORDERED that the motion is denied.

PRUDENTI, P.J., DILLON, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court