| MICHAEL C. KERWIN V JOSEPH FUSCO , AND BH DECKER, INC. |
| Motion No: 230-16 |
| Slip Opinion No: 2016 NY Slip Op 88315(U) |
| Decided on September 30, 2016 |
| 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: WHALEN, P.J., SMITH, CARNI, NEMOYER, AND CURRAN, JJ.
MOTION NO. 230-16
DOCKET NO. CA 15-01344
| MICHAEL C. KERWIN, PLAINTIFF-RESPONDENT, V JOSEPH FUSCO, ET AL.,
DEFENDANTS, AND BH DECKER, INC., DEFENDANT-APPELLANT, JOSEPH FUSCO, ET AL., THIRD-PARTY PLAINTIFFS, V SUNSTREAM
CORPORATION, THIRD-PARTY-DEFENDANT. |
Defendant-appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered April 29, 2016,
Now, upon reading and filing the affidavits of James J. Gascon, Esq., sworn to June 8, 2016, and June 22, 2016, the notice of motion with proof of service thereof, the affidavit of Harrison V. Williams, Jr., Esq., sworn to June 15, 2016, and the affirmation of Lauren M. Miller, Esq., dated June 23, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 30, 2016
Frances E. Cafarell, Clerk