DURHAM COMMERCIAL CAPITAL CORP. V WADSWORTH GOLF CONSTRUCTION COMPANY OF THE MIDWEST, INC., ALSO KNOWN AS WADSWORTH
Motion No: 468-18
Slip Opinion No: 2018 NY Slip Op 76573(U)
Decided on June 29, 2018
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.


June 29, 2018

PRESENT: SMITH, J.P., CARNI, NEMOYER, AND WINSLOW, JJ.

MOTION NO. 468-18
DOCKET NO. CA 17-00855

DURHAM COMMERCIAL CAPITAL CORP., PLAINTIFF-APPELLANT,

V

WADSWORTH GOLF CONSTRUCTION COMPANY OF THE MIDWEST, INC.,

ALSO KNOWN AS WADSWORTH GOLF CONSTRUCTION COMPANY,

DEFENDANT-RESPONDENT.


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 27, 2018,

Now, upon reading and filing the affidavit of John A. Cirando, Esq., sworn to May 29, 2018, the notice of motion with proof of service thereof, and the affidavit of F. Michael Ostrander, Esq., sworn to June 7, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 29, 2018

Mark W. Bennett, Clerk