Anthony Farrugia v 1440 Broadway Associates et al. 590634/13

Motion No: M-871

Slip Opinion No: 2018 NYSlipOp 77446(U)

Decided on July 12, 2018

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 12, 2018

Anthony Farrugia,

Plaintiff-Respondent,

v

1440 Broadway Associates, et al., Defendants-Respondents-Appellants, 590634/13

Harbour Mechanical Corp.,

Defendant-Appellant-Respondent,

The Martin Group, LLC, et al.,

Defendants.

- - - - -

[And a Third-Party Action]

Defendants-respondents-appellants 1440 Broadway Associates, 1440 Broadway Owner, LLC and 1440 Broadway Mgt., LLC, having moved for reargument of the decision and order of this Court, entered on January 18, 2018 (Appeal No. 4901) [M-871], and defendant-appellant-respondent Harbour Mechanical Corp. having moved for leave to appeal to the Court of Appeals from said order and for other relief [M-418], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion for reargument is granted

[M-871] and, upon reargument, the decision and order of this Court entered on January 18, 2018 (Appeal No. 4901) is recalled and vacated and a new decision and order substituted therefor. (See Appeal No. 4901) decided simultaneously herewith.) In light of our new decision and order (Appeal No. 4901), the motion for leave to appeal to the Court of Appeals is denied [M-418], without prejudice to seek leave to appeal from our new decision and order (Appeal No. 4901).ENTERED: July 12, 2018

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Richard T. Andrias Cynthia S. Kern Anil C. Singh, Justices

M-871

M-418

Index Nos. 151857/12