| PRICE TRUCKING CORP., FOR ITSELF AND ALL OTHER SIMILARLY SITUATED TRUST FUND BENEFICIARIES OF CERTAIN TRUST FUNDS |
| Motion No: 1088-13 |
| Slip Opinion No: 2014 NY Slip Op 64904(U) |
| Decided on February 7, 2014 |
| 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, VALENTINO, AND WHALEN, JJ.
MOTION NO. 1088-13
DOCKET NO. CA 12-02386
| PRICE TRUCKING CORP., FOR ITSELF AND ALL OTHER SIMILARLY
SITUATED TRUST FUND BENEFICIARIES OF CERTAIN TRUST FUNDS PURSUANT TO NEW YORK LIEN LAW ARTICLE 3-A,
PLAINTIFF-RESPONDENT, V AAA ENVIRONMENTAL, INC., ENVIRITE OF OHIO, INC., AND MIKE LINA PAVING, INC.,
DEFENDANTS-RESPONDENTS, FIRST NIAGARA BANK, N.A., DEFENDANT-APPELLANT, NORAMPAC INDUSTRIES, INC., ET AL.,
DEFENDANTS. |
Plaintiff having moved for reargument of the order of this Court entered November 8, 2013,
Now, upon reading and filing the affidavit of Thomas K. O'Gara, Esq., sworn to December 31, 2013, the statements of Thomas K. O'Gara, Esq., dated December 31, 2013, and January 17, 2014, 9the notice of motion with proof of service thereof, and the statement of David L. Rasmussen, Esq., dated January 13, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: February 7, 2014
Frances E. Cafarell, Clerk