Rutherford v Brooklyn Navy Yard Developement Corporation
Motion No: 2018-05388
Slip Opinion No: 2019 NY Slip Op 83816(U)
Decided on November 7, 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

M267252

kbp/

ALAN D. SCHEINKMAN, P.J.

LEONARD B. AUSTIN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2018-05388

Howard Rutherford, plaintiff-respondent,

v Brooklyn Navy Yard Development Corporation,

defendant-respondent, Monadnock Construction, Inc.

appellant.

(Index No. 519779/16)

DECISION & ORDER ON MOTION



,

Motion by the appellant for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated March 30, 2018, which was determined by decision and order of this Court dated July 31, 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 thereto, it is

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

SCHEINKMAN, P.J., AUSTIN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court