New York City School Construction v Adam's European Contracting Inc. .

Motion No: M-5005

Slip Opinion No: 2018 NYSlipOp 90522(U)

Decided on December 11, 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 11, 2018

New York City School Construction

Authority,

Plaintiff-Respondent,

v

Adam's European Contracting, Inc.

Defendant-Appellant.

Adam's European Contracting, Inc., Third-Party Plaintiff-Appellant, v

Phoenix Services Corp., Universal

Testing & Inspection Services Inc.,

Susan Doban, and Susan Doban

Architect, PC, Third-Party Defendants-Respondents.

----------------------------------------X Third-party defendant-respondent Phoenix Services Corp. having moved to dismiss the appeal taken from an order of the Supreme Court, Bronx County, entered on or about March 13, 2017, (M-4845), And defendant/third-party plaintiff-appellant, Adam's European Contracting, Inc., having moved for an enlargement of time to perfect the appeal taken from an order of the same Court, entered on or about July 20, 2017, (M-5005),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 by third-party defendant-respondent Phoenix Services Corp. to dismiss the appeal taken from the March 13, 2017 order, (M-4845), is granted, and It is further ordered that the motion by defendant/third-party plaintiff-appellant Adam's European Contracting, Inc., (M-5005), is granted to the extent of enlarging the time to perfect the appeal taken from the July 20, 2017 order, to the April 2019 Term. ENTERED: December 11, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding,Angela M. Mazzarelli Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-5005

M-4845

Index No. 42079/14