| MOTION NO. 803 NIAGARA FOODS, INC., BENLEY REALTY CO. AND THE CHARTER OAK FIRE INSURANCE COMPANY, V FERGUSON ELECTRIC |
| Motion No: CA 11-00333 |
| Slip Opinion No: 2011 NY Slip Op 86376(U) |
| Decided on September 30, 2011 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CARNI, SCONIERS, AND GREEN, JJ.
DOCKET NO. CA 11-00333
| MOTION NO. 803 NIAGARA FOODS, INC., BENLEY REALTY CO. AND THE CHARTER
OAK FIRE INSURANCE COMPANY, PLAINTIFFS-APPELLANTS-RESPONDENTS, V FERGUSON ELECTRIC SERVICE COMPANY, INC. AND TEGG
CORPORATION, DEFENDANTS-RESPONDENTS-APPELLANTS. |
Plaintiffs having moved for reargument of, reconsideration of, and/or, leave to appeal to the Court of Appeals from the order of this Court entered July 1, 2011,
Now, upon reading and filing the affidavit of Kevin P. Smith, Esq., sworn to August 4, 2011, the notice of motion with proof of service thereof, the affidavit of Eric S. Bernhardt, Esq., sworn to August 15, 2011, and the affidavit of Kyle E. Pozza, Esq., sworn to August 15, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 30, 2011
Patricia L. Morgan, Clerk