Rachel v 516 West 34th Street, LLC
Motion No: 2016-04937
Slip Opinion No: 2016 NY Slip Op 77226(U)
Decided on June 20, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M213646

S/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-04937

Spence Rachel, plaintiff-respondent,

v 516 West 34th Street, LLC, et al.,

defendants third-party plaintiffs-appellants;

Medway Construction, Inc., third-party

defendant-respondent.

(Index No. 25759/11)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 17, 2016, in the above-entitled appeal from an order of the Supreme Court, Kings County, dated February 24, 2016, which denied the defendants third-party plaintiffs-appellants' motion to stay the trial in the above-entitled action, is recalled and vacated.

CHAMBERS, J.P., AUSTIN, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court