Janiya W.G. etc. v Michael Smith et al.

Motion No: M-2853

Slip Opinion No: 2018 NYSlipOp 83924(U)

Decided on September 20, 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.

September 20, 2018

Janiya W.-G., etc.,

Plaintiff-Appellant,

Janel G., etc., Plaintiff,

v

Michael Smith, et al.,

Defendants,

Canje Discount, Inc., et al.,

Defendants-Respondents.

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

Durst Corporation,

Third-Party Plaintiff-Appellant,

v Index No. 83807/09

Hercules Chemical Company, Inc., et al.,

Third-Party Defendants-Respondents.

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

Durst Corporation,

Second Third-Party Plaintiff-

Appellant,

v Index No. 84155/09

Hercules Chemical Company, Inc., et al.,

Second Third-Party Defendants-

Respondents.

Defendant-respondent Canje Discount, Inc. 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 12, 2018 (Appeal Nos. 6270-6270A)[M-2427],And defendant/third-party plaintiff/second third-party plaintiff-appellant, The Durst Corporation, having separately moved for the aforesaid relief [M-2437], And plaintiffs-appellants Janiya W.-G., et al. having cross-moved for leave to appeal to the Court of Appeals from the aforesaid decision and order of this Court [M-2853], Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon,It is ordered that the motions and cross motion are denied. ENTERED: September 20, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Peter H. Moulton, Justices

M-2853

M-2437

M-2427

Index No. 350663/08