| Ventimiglia v Thatch, Ripley & Co., LLC |
| Motion No: 2011-05825 |
| Slip Opinion No: 2011 NY Slip Op 88983(U) |
| Decided on November 4, 2011 |
| 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
M128385
E/ct
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.
|
2011-05825 Vito Ventimiglia, appellant-respondent, v Thatch, Ripley & Co., LLC, et al., defendants- respondents, Gotham Greenwich Construction Company, LLC, defendant third-party plaintiff- respondent; Sorbara Construction Corporation, third-party defendant-respondent-appellant. (Index No. 11707/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant-respondent to dismiss a cross appeal from an order of the Supreme Court, Queens County, entered May 24, 2011, inter alia, on the ground that the third-party defendant-respondent-appellant is not aggrieved by the order appealed from.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, on or before November 17, 2011, the third-party defendant-respondent-appellant shall serve and file a supplemental record containing the notice of cross appeal.
DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court