J. D'Addario & Company, Inc. v Embassy Industries, Inc.
Motion No: 2010-05644
Slip Opinion No: 2011 NY Slip Op 83453(U)
Decided on September 14, 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

M125671

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-05644, 2010-05645

J. D'Addario & Company, Inc., appellant,

v Embassy Industries, Inc., respondent.

(Index No. 21549-06)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to reargue appeals from a judgment of the Supreme Court, Suffolk County, dated January 11, 2010, and an order of the same court dated May 26, 2010, which were determined by decision and order of this Court dated April 26, 2011, or, in the alternative, 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 motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied, with $100 costs.

SKELOS, J.P., BALKIN, AUSTIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court