Probst v 11 West 42 Realty Investors, LLC
Motion No: 2012-03383
Slip Opinion No: 2013 NY Slip Op 82200(U)
Decided on August 14, 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

M160725

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-03383

Richard Probst, et al., appellants-respondents,

v 11 West 42 Realty Investors, LLC, et al., respondents-

appellants (and a third-party action).

(Index No. 18550/09)

DECISION & ORDER ON MOTION

Motion by the appellants-respondents on an appeal and cross appeal from an order of the Supreme Court, Queens County, dated February 29, 2012, which were determined by decision and order of this Court dated May 1, 2013, for leave to reargue the appeal, 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.

ENG, P.J., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court