SHANE VANDERWALL V 1255 PORTLAND AVENUE LLC AND SPOLETA CONSTRUCTION LLC
Motion No: 307-15
Slip Opinion No: 2015 NY Slip Op 86853(U)
Decided on October 2, 2015
Appellate Division, Fourth 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.


October 2, 2015

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND DEJOSEPH, JJ.

MOTION NO. 307-15
DOCKET NO. CA 14-01640

SHANE VANDERWALL, PLAINTIFF-APPELLANT,

V

1255 PORTLAND AVENUE LLC AND SPOLETA CONSTRUCTION LLC,

DEFENDANTS-RESPONDENTS.



SPOLETA CONSTRUCTION LLC, THIRD-PARTY PLAINTIFF,

V

HUB-LANGIE PAVING, INC., THIRD-PARTY DEFENDANT.


Respondents 1255 Portland Avenue, LLC and Spoleta Construction, LLC having moved and appellant Shane Vanderwall having cross-moved for leave to appeal to the Court of Appeals from the order of this Court entered May 8, 2015,

Now, upon reading and filing the affidavit of Jeffrey D. Schulman, Esq., sworn to June 9, 2015, the affirmation of Jeffrey D. Schulman, Esq., dated July 6, 2015, the affirmations of Stewart B. Greenspan, Esq., dated June 16, 2015, June 29, 2015, and July 7, 2015, the affirmation of Robert L. Voltz, Esq., dated June 30, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motions and cross motion are denied.

Entered: October 2, 2015

Frances E. Cafarell, Clerk