Metro Foundation Contractors Inc. v Marco Martelli Associates Inc. .

Motion No: M-5434

Slip Opinion No: 2017 NYSlipOp 93723(U)

Decided on November 30, 2017

Appellate Division, First 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.

November 30, 2017

Metro Foundation Contractors, Inc.,

Plaintiff-Appellant,

v

Marco Martelli Associates, Inc.,

Defendant-Respondent.

Plaintiff-appellant having moved for reargument of or, in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on

December 13, 2016 (Appeal Nos. 2452-2453), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: November 30, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, David Friedman Marcy L. Kahn Cynthia S. Kern, Justices

M-5434

Index No. 600520/09