Infinity Health Products, Ltd. v Eveready Ins. Co.
Motion No: 2008-10427
Slip Opinion No: 2008 NYSlipOp 92186(U)
Decided on December 16, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 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

M79929

E/cb

PETER B. SKELOS, J.P.

MARK C. DILLON

WILLIAM E. McCARTHY

RANDALL T. ENG, JJ.

2008-10427

Infinity Health Products, Ltd., etc., respondent,

v Eveready Ins. Co., appellant.

(Index No. 33347/05)

DECISION & ORDER ON MOTION

Motion by Eveready Ins. Co., in effect, for leave to appeal to this court from an order of the Appellate Term, Second and Eleventh Judicial Districts, dated July 10, 2008, which affirmed an order of the Civil Court of the City of New York, Kings County, entered March 14, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted.

SKELOS, J.P., DILLON, McCARTHY and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court