Lombardo v Mastec North America, Inc.
Motion No: 2009-03210
Slip Opinion No: 2010 NY Slip Op 69290(U)
Decided on April 22, 2010
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

M101264

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

HOWARD MILLER

SHERI S. ROMAN, JJ.

2009-03210

Santo Lombardo, et al., respondents,

v Mastec North America, Inc., et al.,

defendants, Queens Network Cable,

appellant

(and a third-party action).

DECISION & ORDER ON MOTION

Motion by the respondents for leave to reargue an appeal from an order of the Supreme Court, Kings County, dated February 4, 2009, which was determined by decision and order of this court dated December 15, 2009. Cross motion by the appellant to amend or resettle the decision and order dated December 15, 2009, to provide that certain cross claims are dismissed.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is denied without prejudice to seeking relief in the Supreme Court, Kings County.

RIVERA, J.P., DILLON, MILLER and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court