Malou Mananghaya as Administratrix v BronxLebanon Hospital Center

Motion No: M-5113

Slip Opinion No: 2018 NYSlipOp 89927(U)

Decided on December 4, 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.

December 4, 2018

Malou Mananghaya, as Administratrix

of the Estate of Tristan Michael

Mananghaya, et al.,

Plaintiffs-Appellants,

v

Bronx-Lebanon Hospital Center, Defendant-Respondent,

-and-

Napoli Transportation, Inc., etc.,

Defendant.

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

Napoli Transportation, Inc., etc.,

Third-Party Plaintiff,

v Index No. 83819/13

Aggreko, LLC,

Third-Party Defendant-Respondent.

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

The Bronx-Lebanon Hospital Center,

Second Third-Party Plaintiff,

v Index No. 83953/13

Aggreko, LLC,

Second Third-Party Defendant-

Respondent.

Defendant/second third-party plaintiff respondent, Bronx Lebanon Hospital Center, 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

September 13, 2018 (Appeal No. 6720)[M-5141], And third-party/second third-party defendant-respondent, Aggreko, LLC, having separately moved for the same relief [M-5113], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are denied. ENTERED: December 4, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Ellen Gesmer Jeffrey K. Oing, Justices

M-5113

M-5141

Index No. 20191/13