Gutman v Todt Hill Plaza, LLC
Motion No: 2009-11848
Slip Opinion No: 2011 NY Slip Op 82740(U)
Decided on September 6, 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

M124777

E/sl

JOSEPH COVELLO, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2009-11848

Faina Gutman, et al., appellants,

v Todt Hill Plaza, LLC, et al., respondents.

(Index No. 104349/07)

DECISION & ORDER ON MOTION

Separate motions by the respondents for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated November 25, 2009, which was determined by decision and order of this Court dated February 22, 2011, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Cross motion by the appellants for an award of costs and to impose a sanction upon the respondents.

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

ORDERED that the motions are denied, with $100 costs; and it is further,

ORDERED that the cross motion is granted to the extent indicated above, and is otherwise denied.

COVELLO, J.P., CHAMBERS, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court