Vargas v New York City Tr. Auth.

Motion No: M-4875

Slip Opinion No: 2009 NYSlipOp 66010(U)

Decided on March 10, 2009

Appellate Division, First 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.

March 10, 2009

Vargas v New York City Transit Authority; New York City Transit Authority v Halmar Builders of New York

(And a second third-party action) Reargument by Grand Mechanical Corporation granted and, upon reargument, the decision and order of this Court entered on September 9, 2008 (Appeal Nos. 3905/3905A) is recalled and vacated and a new decision and order substituted therefor. (See Appeal Nos. 3905/3905A, decided simultaneously herewith.) Leave to appeal to the Court of Appeal denied. Reargument by New York City Transit Authority denied.

Before: Tom, J.P., Saxe, Friedman, Buckley, Catterson, JJ.

Motion No. M-4875