| Mason Tenders District Council Welfare Fund v Diamond |
| Motion No: 2010-08135 |
| Slip Opinion No: 2011 NY Slip Op 87940(U) |
| Decided on October 26, 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. |
Appellate Division: Second Judicial Department
M127848
E/sl
MARK C. DILLON, J.P.
RANDALL T. ENG
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
|
2010-08135 Mason Tenders District Council Welfare Fund, etc., et al., respondents, v Diamond Construction & Maintenance, Inc., et al., defendants; Deutsche Bank National Trust Company, etc., nonparty-appellant. (Index No. 102394/09)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant for leave to reargue an appeal from an order of the Supreme Court, Richmond County, dated July 22, 2010, which was determined by decision and order of this Court dated May 3, 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.
DILLON, J.P., ENG, CHAMBERS and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court