Frank Nieto v CLDN NY LLC

Motion No: M-1875

Slip Opinion No: 2019 NYSlipOp 75112(U)

Decided on July 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.

July 16, 2019

Frank Nieto,

Plaintiff-Appellant-Respondent,

v

CLDN NY LLC,

Defendant.

- - - - -CLDN NY LLC, Third-Party

Plaintiff-Respondent-Appellant,

v

ECG Retail Logistics, LLC,

Third-Party,

Defendant-Respondent-Appellant.

Defendant/third-party plaintiff-respondent-appellant 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 March 5, 2019 (Appeal No. 8597), 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. ENTERED: July 16, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Judith J. Gische Marcy L. Kahn Cynthia S. Kern, Justices

M-1875

Index No. 159273/16