| RICHARD P. JEANETTI V CASLER MASONRY, INC., BY AND THROUGH ITS AGENTS, OFFICER AND/OR EMPLOYEES |
| Motion No: CA 15-00440 |
| Slip Opinion No: 2015 NY Slip Op 88297(U) |
| Decided on October 19, 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. |
PRESENT: SCUDDER, P.J., CENTRA, CARNI, WHALEN, AND DEJOSEPH, JJ.
DOCKET NO. CA 15-00440
| RICHARD P. JEANETTI, ET AL., PLAINTIFFS, V CASLER MASONRY, INC., BY
AND THROUGH ITS AGENTS, OFFICER AND/OR EMPLOYEES, DEFENDANT. CASLER MASONRY, INC., BY AND THROUGH ITS AGENTS,
OFFICER AND/OR EMPLOYEES, THIRD-PARTY PLAINTIFF-RESPONDENT-APPELLANT, V BARR & BARR, INC., THIRD-PARTY
DEFENDANT-APPELLANT-RESPONDENT. |
Third-party plaintiff-respondent-appellant having moved to vacate the dismissal of the cross appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on May 12, 2014, and for other relief,
Now, upon reading and filing the affidavits of Thomas W. Bender, Esq., sworn to October 2, 2015, and October 9, 2015, the notice of motion with proof of service thereof, and the statement and affirmation of Ross T. Herman, Esq., dated October 8, 2015, and October 13, 2015, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the Clerk is directed to accept third-party plaintiff-respondent-appellant's previously filed brief in support of its cross appeal and as its respondent's brief.
Entered: October 19, 2015
Frances E. Cafarell, Clerk