Fox v H&M Hennes & Mauritz, L.P.
Motion No:
Slip Opinion No: 2011 NY Slip Op 84225(U)
Decided on September 21, 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

M125909

E/ct

A. GAIL PRUDENTI, P.J.

MARK C. DILLON

RUTH C. BALKIN

SANDRA L. SGROI, JJ.

2010-07470

Rory Fox, plaintiff-respondent, v H & M Hennes

& Mauritz, LP, defendant third-party plaintiff-

appellant; Maintenance Etc., LLC, third-party

defendant-respondent.

(and fourth-party action)

(Index No. 14957/06)

DECISION & ORDER ON MOTION

Motion by the defendant third-party plaintiff-appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated May 28, 2010, which was determined by decision and order of this Court dated April 19, 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.

PRUDENTI, P.J., DILLON, BALKIN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court