| Philadelphia Indemnity Insurance Company v Lowe's Home Centers, Inc. |
| Motion No: 2018-07158 |
| Slip Opinion No: 2018 NY Slip Op 85979(U) |
| Decided on October 12, 2018 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M256235
E/mm
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
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2018-07158 Philadelphia Indemnity Insurance Company, plaintiff-respondent, v Lowe's Home Centers, Inc., et al., defendants-respondents, Robert Beck, etc., et al., defendants third-party plaintiffs-appellants; Kenneth Goldberg, third-party defendant-respondent. (Index No. 602085/15)
| DECISION & ORDER ON MOTION |
Motion by the respondents Lowe's Home Centers, Inc., and Lowe's Companies, Inc., to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 19, 2018, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appeal insofar as taken against the respondents Lowe's Companies, Inc., and Lowe's Home Centers, Inc., is dismissed, without costs or disbursements (see CPLR 5513[a]), and the motion is otherwise denied (see Maddox v City of New York, 104 AD2d 430).
MASTRO, J.P., RIVERA, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court