| PENN MILLERS INSURANCE COMPANY, V C.W. COLD STORAGE, INC., , AND THRUWAY PRODUCE, INC. |
| Motion No: 1335-12 |
| Slip Opinion No: 2013 NY Slip Op 75226(U) |
| Decided on April 26, 2013 |
| 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., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.
MOTION NO. 1335-12
DOCKET NO. CA 12-01013
| PENN MILLERS INSURANCE COMPANY,
PLAINTIFF-APPELLANT-RESPONDENT, V C.W. COLD STORAGE, INC., DEFENDANT-RESPONDENT-APPELLANT, AND THRUWAY
PRODUCE, INC., DEFENDANT-RESPONDENT. |
Plaintiff having moved for reargument of or, in the alternative, clarification of or leave to appeal to the Court of Appeals from the order of this Court entered February 1, 2013,
Now, upon reading and filing the affirmation of John K. McElligott, Esq., received March 13, 2013, the notice of motion with proof of service thereof, and the affidavit of Henry R. Ippolito, Esq., sworn to March 21, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 26, 2013
Frances E. Cafarell, Clerk