Opinion
MOTION NO. 1088-13 DOCKET NO. CA 12-02386
02-07-2014
PRICE TRUCKING CORP., FOR ITSELF AND ALL OTHER SIMILARLY SITUATED TRUST FUND BENEFICIARIES OF CERTAIN TRUST FUNDS PURSUANT TO NEW YORK LIEN LAW ARTICLE 3-A, PLAINTIFF-RESPONDENT, v. AAA ENVIRONMENTAL, INC., ENVIRITE OF OHIO, INC., AND MIKE LINA PAVING, INC., DEFENDANTS-RESPONDENTS, FIRST NIAGARA BANK, N.A., DEFENDANT-APPELLANT, NORAMPAC INDUSTRIES, INC., ET AL., DEFENDANTS.
PRESENT: , J.P., PERADOTTO, VALENTINO, AND WHALEN, JJ.
Plaintiff having moved for reargument of the order of this Court entered November 8, 2013,
Now, upon reading and filing the affidavit of Thomas K. O'Gara, Esq., sworn to December 31, 2013, the statements of Thomas K. O'Gara, Esq., dated December 31, 2013, and January 17, 2014, 9the notice of motion with proof of service thereof, and the statement of David L. Rasmussen, Esq., dated January 13, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Frances E. Cafarell, Clerk