NICHOLAS DOMINICK AND LORRAINE J. DOMINICK V CHARLES MILLAR & SON CO., CHARLES MILLAR SUPPLY, INC., MILLAR SUPPLY
Motion No: 457-17
Slip Opinion No: 2017 NY Slip Op 79450(U)
Decided on June 30, 2017
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.


June 30, 2017

PRESENT: WHALEN, P.J., SMITH, CENTRA, TROUTMAN, AND SCUDDER, JJ.

MOTION NO. 457-17
DOCKET NO. CA 16-01638
MOTION NO. 458-17
DOCKET NO. CA 16-02017

NICHOLAS DOMINICK AND LORRAINE J. DOMINICK,

PLAINTIFFS-RESPONDENTS,

V

CHARLES MILLAR & SON CO., CHARLES MILLAR

SUPPLY, INC., MILLAR SUPPLY, INC., PACEMAKER

MILLAR STEEL & INDUSTRIAL SUPPLY COMPANY, INC.,

INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO

CHARLES MILLAR & SON SUPPLY, INC., PACEMAKER

MILLAR STEEL & INDUSTRIAL SUPPLY OF BINGHAMTON, INC.,

PACEMAKER STEEL & ALUMINUM OF BINGHAMTON CORP.,

PACEMAKER STEEL AND PIPING CO., INC., INDIVIDUALLY

AND AS SUCCESSOR TO CHARLES MILLAR, PACEMAKER STEEL

WAREHOUSE INC., DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

(APPEAL NO. 1.)

NICHOLAS DOMINICK AND LORRAINE J. DOMINICK,

PLAINTIFFS-RESPONDENTS,

V

CHARLES MILLAR & SON CO., CHARLES MILLAR

SUPPLY, INC., MILLAR SUPPLY, INC., PACEMAKER

MILLAR STEEL & INDUSTRIAL SUPPLY COMPANY, INC.,

INDIVIDUALLY AND AS SUCCESSOR-IN-INTEREST TO

CHARLES MILLAR & SON SUPPLY, INC., PACEMAKER

MILLAR STEEL & INDUSTRIAL SUPPLY OF BINGHAMTON, INC.,

PACEMAKER STEEL & ALUMINUM OF BINGHAMTON CORP.,

PACEMAKER STEEL AND PIPING CO., INC., INDIVIDUALLY

AND AS SUCCESSOR TO CHARLES MILLAR, PACEMAKER STEEL

WAREHOUSE INC., DEFENDANTS-APPELLANTS,

ET AL., DEFENDANTS.

(APPEAL NO. 2.)


Appellants having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the orders of this Court entered April 28, 2017,

Now, upon reading and filing the affirmation of George F. Carpinello, Esq., dated June 1, 2017, the notice of motion with proof of service thereof, and the affirmation of Seth A. Dymond, Esq., dated June 8, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 30, 2017

Frances E. Cafarell, Clerk