Jeffrey White v 3101 Steinway LLC et al.Express LLC et al.

Motion No: M-3538

Slip Opinion No: 2018 NYSlipOp 85538(U)

Decided on October 9, 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.

October 9, 2018

Jeffrey White,

Plaintiff-Respondent,

v

31-01 Steinway, LLC, et al., Defendants, Express, LLC, et al., Defendants-Respondents,

Russco, Inc.,

Defendant-Appellant.

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

[And a Third-Party Action]

Defendant-respondent John F. Ruggles, Jr. Inc., doing business as Ruggles Sign Company, 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 June 12, 2018 (Appeal No. 6607)[M-3410], And defendant-appellant Russco, Inc. having moved for clarification or in the alternative, reargument, deemed to be a motion for reargument, of the decision and order of this Court, entered on June 12, 2018 [M-3482], And defendant-respondent Express, LLC having separately moved for reargument or, in the alternative, leave to appeal to the Court of Appeals, from the aforesaid decision and order of this Court [M-3538],Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that defendants-respondents Ruggles Sign Company's and Express, LLC's motions for reargument or for leave to appeal to the Court of Appeals are denied [M-3410/M-3538]. Defendant-appellant Russco, Inc.'s motion for reargument is granted and, upon reargument, the decision and order of this Court, entered on June 12, 2018 (Appeal No. 6607) is recalled and vacated and a new decision and order substituted therefor (see Appeal No. 6607, decided simultaneously herewith)[M-3482]. ENTERED: October 9, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Peter Tom Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh,Justices

M-3538

M-3482

M-3410

Index No. 156151/13