| MARGUERITE MITCHELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN K. MITCHELL, DECEASED V NRG ENERGY, INC. |
| Motion No: 766-16 |
| Slip Opinion No: 2016 NY Slip Op 95499(U) |
| Decided on December 23, 2016 |
| 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: WHALEN, P.J., SMITH, NEMOYER, CURRAN, AND SCUDDER, JJ.
MOTION NO. 766-16
DOCKET NO. CA 15-01978
| MARGUERITE MITCHELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE
ESTATE OF JOHN K. MITCHELL, DECEASED, PLAINTIFF, V NRG ENERGY, INC. AND DUNKIRK POWER, LLC, DEFENDANTS. NRG ENERGY,
INC. AND DUNKIRK POWER, LLC, THIRD-PARTY PLAINTIFFS-APPELLANTS, V INTERNATIONAL CHIMNEY CORP., THIRD-PARTY
DEFENDANT-RESPONDENT. |
NRG Energy Inc. and Dunkirk Power LLC having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered September 30, 2016,
Now, upon reading and filing the affirmations of Sim R. Shapiro, Esq., dated November 3, 2016, and November 22, 2016, the notice of motion with proof of service thereof, and the affirmation of Andrew Zajac, Esq., dated November 15, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 23, 2016
Frances E. Cafarell, Clerk