| MOTION NO. 670 JASON THOME V BENCHMARK MAIN TRANSIT ASSOCIATES, LLC, CHRISTA CONSTRUCTION, LLC, - . |
| Motion No: CA 10-02435 |
| Slip Opinion No: 2011 NY Slip Op 86385(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: SMITH, J.P., PERADOTTO, CARNI, SCONIERS, AND MARTOCHE, JJ.
DOCKET NO. CA 10-02435
| MOTION NO. 670 JASON THOME, PLAINTIFF-RESPONDENT, V
BENCHMARK MAIN TRANSIT ASSOCIATES, LLC, CHRISTA CONSTRUCTION, LLC, DEFENDANTS-APPELLANTS, ET AL.,
DEFENDANT. |
Respondent having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 8, 2011,
Now, upon reading and filing the affidavit of Ellen B. Sturm, Esq., sworn to August 10, 2011, the notice of motion with proof of service thereof, and the affirmation of Kevin T. O'Brien, Esq., dated August 17, 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