Emerick Gross Real Estate, L.P. v George A. Fuller Constr
Motion No: 2009-02555
Slip Opinion No: 2011 NY Slip Op 74079(U)
Decided on May 27, 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

M120728

E/ct

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2009-02555

Emerick Gross Real Estate, L.P., appellant-

respondent, v George A. Fuller Construction

Management, Inc., et al., defendants, George A.

Fuller Company, Inc., respondent-appellant.

(Index No. 10821/04)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent for leave to renew an appeal from a judgment of the Supreme Court, Westchester County, entered January 26, 2009, which was determined by decision and order of this Court dated August 31, 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, with $100 costs .

RIVERA, J.P., ANGIOLILLO, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court