
11 N.Y.3d 801 (2008)
In the Matter of FIVECO, INC., Doing Business as MER'S, INC., Appellant,
v.
BRUCE HABER, Respondent.
Court of Appeals of the State of New York.
Submitted August 11, 2008.
October 16, 2008.
Reported below, 42 AD3d 454.
Motion for reargument denied with $100 costs and necessary reproduction disbursements [see 11 NY3d 140 (2008)].
