| Tower Insurance Company of New York v T & G Contract |
| Motion No: 2006-06871 +1 |
| Slip Opinion No: 2007 NYSlipOp 63479(U) |
| Decided on February 20, 2007 |
| 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. |
Appellate Division: Second Judicial Department
M50986
E/sl
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
MARK C. DILLON
EDWARD D. CARNI, JJ.
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2006-06871, 2006-08183 Tower Insurance Company of New York, plaintiff, v T&G Contracting, Inc., et al., defendants, 3402 Land Acquisition, LLC, et al., defendants third-party plaintiffs-appellants- respondents; Admiral Insurance Company, third-party defendant-respondent-appellant, et al., third-party defendant (and another title). (Index No. 17617/04)
| DECISION & ORDER ON MOTION |
Motion by 3402 Land Acquisition, LLC, 3402 Queens Boulevard Associates, LLC, and Meringoff Properties, Inc., on appeals and cross appeals from two orders of the Supreme Court, Queens County, dated December 15, 2005, and May 18, 2006, respectively, to dismiss the cross appeals or to direct Admiral Insurance Company to pay one-half the cost of the joint record on appeal, to enlarge the time to perfect the appeals, and for an award of costs on the motion.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the cross appeals or to direct Admiral Insurance Company to pay one-half the cost of the joint record on appeal is granted to the extent that the cross appeals are dismissed on the ground that Admiral Insurance Company is not aggrieved by the order dated December 15, 2005 (see Pennsylvania Gen. Ins. Co. v Austin Powder Co., 68 NY2d 465, 473), and that no appeal lies from so much of the order dated May 18, 2006, as denies reargument, and that branch of the motion is otherwise denied as academic; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals is granted, the time to perfect the appeals is enlarged until March 6, 2007, and the record or appendix on the appeals and the appellants' brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is for an award of costs on the motion is granted, and one bill of $100 costs payable by Admiral Insurance Company is awarded to 3402 Land Acquisition, LLC, 3402 Queens Boulevard Associates, LLC, and Meringoff Properties, Inc.
MASTRO, J.P., RIVERA, DILLON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court