2008-134 K C. FAIRFIELD PRESIDENTIAL ASSOC. v. CALDWELL Motion by appellant for leave to reargue an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered September 14, 2007, which was determined by order of this court dated February 11, 2009, or, in the alternative, for leave to appeal to the Appellate Division from the order of this court.

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

ORDERED that the motion is denied.