the City of New York v TriRail Construction Inc. et al.

Motion No: M-3861

Slip Opinion No: 2018 NYSlipOp 85553(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

The City of New York,

Plaintiff-Respondent,

v

Tri-Rail Construction, Inc., et al.,

Defendants-Appellants.

Plaintiff-respondent 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 July 3, 2018 (Appeal No. 7040), 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. ENTERED: October 9, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Troy K. Webber Cynthia S. Kern Jeffrey K. Oing, Justices

M-3861

Index No. 450129/16