Hiram Ramirez v Almah LLC

Motion No: M-208

Slip Opinion No: 2019 NYSlipOp 68049(U)

Decided on April 16, 2019

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.

April 16, 2019

Hiram Ramirez,

Plaintiff,

v

Almah LLC,

Defendant,

Almah LLC, Third-Party Plaintiff-Appellant, v

Structure Tone and Port Morris Tile &

Marble Corp., Third-Party Defendants-Respondents,

----------------------------------------x

Almah LLC, Second Third-Party Plaintiff-Appellant, v

Plumb Door of New York City, Inc.,

also known as Plumb Door N.Y., Second Third-Party Defendant-Respondent.

----------------------------------------x Third-party defendant-respondent, Structure Tone, having moved to dismiss, as to it, the appeal taken by defendant/third-party plaintiff/second third-party-plaintiff-appellant, Almah LLC, from an order of the Supreme Court, Bronx County, entered on or about April 6, 2018, which, inter alia, granted third-party defendant-respondent Structure Tone's motion for summary judgment dismissing Almah's common-law indemnification and contribution claims against it, And a decision and order of this Court having been entered on February 14, 2019 (Appeal No. 8411) which, inter alia, affirmed the grant of summary judgment in defendant-respondent Structure Tone's favor, 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 as academic. ENTERED: April 16, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices

M-208

Index No. 305821/11