Patrick O'Leary Ph.D et al. v S & A Electrical Contracting Corp.

Motion No: M-2587

Slip Opinion No: 2017 NYSlipOp 80153(U)

Decided on July 18, 2017

Appellate Division, First 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.

July 18, 2017

Patrick O'Leary, Ph.D, et al.,

Plaintiffs-Respondents,

v

S & A Electrical Contracting Corp.,

et al.,

Defendants-Appellants.

- - - - - - - - - - - - -

S & A Electrical Contracting Corp.,

Third-Party Plaintiff-Appellant,

v Index No. 590050/13

Nygard International Partnership,

et al.,

Third-Party Defendants-Appellants.

- - - - - - - - - - - - -

1435 Broadway, LLC,

Second Third-Party Plaintiff-

Appellant,

v Index No. 590112/14

Nygard International Partnership,

et al.,

Second Third-Party Defendants-

Appellants.

Third-party defendants and second third-party defendants-appellants having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on April 13, 2017 (Appeal No. 3699),Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied. ENTERED: July 18, 2017_______________________CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Judith J. Gische,Justices

M-2587

Index No. 109902/11