Steven Pepe Jr. v Turner Construction Company et al.

Motion No: M-2581

Slip Opinion No: 2017 NYSlipOp 84721(U)

Decided on September 5, 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.

September 5, 2017

Steven Pepe, Jr.,

Plaintiff-Appellant,

v

Turner Construction Company, et al.,

Defendants-Appellants.

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

Turner Construction Company, et al.,

Third-Party Plaintiffs-Appellants,

v

Nead Electric of New Jersey, Inc.,

et al.,

Third-Party Defendants,

Index No. 595361/15

-and-

Acuity Brands Lighting, Inc., doing

business as Mark Architectural

Lighting,

Third-Party Defendant-Respondent.

Third-party defendant-respondent Acuity Brands Lighting, Inc., etc. having moved, inter alia, for dismissal of an appeal taken from the order of the Supreme Court, New York County, entered on or about November 29, 2016,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, without prejudice to advancing said arguments on the direct appeal. ENTERED: September 5, 2017

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Karla Moskowitz Judith J. Gische,Justices

M-2581

Index No. 156926/13