Zwarycz v Marnia Construction, Inc.
Motion No: 2012-00142
Slip Opinion No: 2013 NY Slip Op 74057(U)
Decided on May 16, 2013
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

M156494

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2012-00142

Michael Zwarycz, appellant, v Marnia

Construction, Inc., et al., respondents.

(Index No. 09-21513)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Westchester County, entered November 30, 2011, which was determined by decision and order of this Court dated January 16, 2013. Separate motion by the respondents to stay the trial in the above-entitled action, pending determination of the motion for leave to reargue.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to reargue is denied, with $100 costs; and it is further,

ORDERED that the motion to stay the trial is denied as academic.

DILLON, J.P., BALKIN, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court