| DiMaggio v Bovis Lend Lease LMB, Inc. |
| Motion No: 2013-01278 |
| Slip Opinion No: 2013 NY Slip Op 78100(U) |
| Decided on June 27, 2013 |
| 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
M157146
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
JEFFREY A. COHEN, JJ.
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2013-01278 Salvatore DiMaggio, et al., plaintiffs-respondents, v Bovis Lend Lease LMB, Inc., et al., defendants- respondents, Plaza Construction Corp., et al., defendants third-party plaintiffs-appellants; Sorbara Construction Corp., third-party-defendant-respondent. (Index No. 25329/08)
| DECISION & ORDER ON MOTION |
The defendants third-party plaintiffs having appealed to this Court from an order of the Supreme Court, Kings County, dated November 29, 2012, this Court noticed the matter for a CAMP conference on April 10, 2013, and counsel for the appellants having failed to appear at the conference without excuse. By order to show cause dated April 23, 2013, the parties or their attorneys were directed to show cause why an order should or should not be made and entered imposing such sanctions as the Court may deem appropriate pursuant to 22 NYCRR 670.4(b)(2) upon Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, counsel for the appellants.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to impose sanctions is denied.
Under the circumstances, sanctions are unwarranted.
RIVERA, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court