1309 Avenue P, LLC v Garfinkel
Motion No: 2010-05793
Slip Opinion No: 2011 NY Slip Op 83461(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

M125678

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2010-05793

1309 Avenue P, LLC, respondent-appellant,

v Lewis Eliezer Garfinkel, etc., appellant-

respondent.

(Index No. 22347/08)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant for leave to appeal to the Court of Appeals from stated portions of a decision and order of this Court dated May 31, 2011, which determined an appeal and cross appeal from an order of the Supreme Court, Kings County, dated May 26, 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.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court