MARDI JOHN, BY THE PARENT AND NATURAL GUARDIAN, CHERYL KENDALL V DANIEL CASSIDY AND PAUL KLEINDIENST
Motion No: 482-17
Slip Opinion No: 2017 NY Slip Op 88137(U)
Decided on September 29, 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.


September 29, 2017

PRESENT: WHALEN, P.J., LINDLEY, DEJOSEPH, NEMOYER, AND CURRAN, JJ.

MOTION NO. 482-17
DOCKET NO. CA 16-01843

MARDI JOHN, BY THE PARENT AND NATURAL GUARDIAN, CHERYL

KENDALL, PLAINTIFF-RESPONDENT,

V

DANIEL CASSIDY, DEFENDANT,

AND PAUL KLEINDIENST, DEFENDANT-APPELLANT.



DANIEL CASSIDY AND PAUL KLEINDIENST,

THIRD-PARTY PLAINTIFFS,

V

DANIEL A. MESSINA AND DIKK SCHRADER,

THIRD-PARTY DEFENDANTS.


Defendant-appellant and third-party plaintiff Paul Kleindienst having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered June 9, 2017,

Now, upon reading and filing the affirmation of Christopher A. Guetti, Esq., dated July 17, 2017, the notice of motion with proof of service thereof, and the affirmation of Andrew L. Boughrum, Esq., dated July 27, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 29, 2017

Mark W. Bennett, Clerk