Simon v Granite Building 2, LLC
Motion No: 2016-05840
Slip Opinion No: 2019 NY Slip Op 73020(U)
Decided on June 18, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M263531

E/sl

WILLIAM F. MASTRO, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2016-05840, 2016-10557, 2017-04748

Charles Simon, etc., plaintiff-respondent,

v Granite Building 2, LLC, defendant-appellant-

respondent, Kulka Contracting, LLC, defendant-

respondent-appellant, FXR Construction, Inc.,

defendant-respondent, et al., defendants.

(Index No. 22101/08)

DECISION & ORDER ON MOTION

Motion by the defendant-appellant-respondent for leave to reargue appeals from two orders of the Supreme Court, Nassau County, entered April 26, 2016, and September 13, 2016, respectively, and a judgment of the same court entered March 23, 2017, and cross appeals from the order entered April 26, 2016, and the judgment, which were determined by decision and order of this Court dated March 27, 2019, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the defendant-respondent-appellant for leave to reargue the appeals and cross appeals, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied, with one bill of $100 costs, payable to the plaintiff-respondent.

MASTRO, J.P., COHEN, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court