McDermott v Santos
Motion No: 2016-03897
Slip Opinion No: 2019 NY Slip Op 75724(U)
Decided on July 19, 2019
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

M264570

kbp/

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-03897

Kevin McDermott, appellant-respondent,

v Elissandra C. Santos, et al., respondents,

Swim Tech Pool Services, Inc., respondent-

appellant, et al., defendant (and a third-

party action).

(Index No. 9889/11)

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from a decision and order of this Court dated April 24, 2019, 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 and in relation thereto, it is

ORDERED that the motion is denied, with $100 costs.

LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court