Edward Higgins v TST 375 Hudson L.L.C. TST 375 Hudson Corp. Americon Construction Inc.

Motion No: M-3218

Slip Opinion No: 2019 NYSlipOp 78677(U)

Decided on September 3, 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.

September 3, 2019

Edward Higgins,

Plaintiff-Respondent,

v

TST 375 Hudson, L.L.C., TST 375 Hudson

Corp., Americon Construction, Inc.,

Emcor Services New York/New Jersey,

Inc.,

Defendants-Respondents-Appellants,

-and-

ADCO Electrical Corp.,

Defendant-Appellant-Respondent.

[And third-party actions]

---------------------------------------x Appeals having been taken to this Court by defendant/third- party defendant/fifth third-party plaintiff-appellant-respondent,

ADCO Electrical Corp. and by second third-party defendants/third third-party defendants/fourth third-party defendants/fifth third-party defendants-appellants-respondents OMC. Inc. And OMC Sheet Metal Inc., from the orders of the Supreme Court, Bronx County, entered on or about July 24, 2018, and on or about November 29, 2018, and said appeals having been perfected, And cross-appeals having been taken to this Court by defendant/third-party plaintiff, Americon Construction Inc. (Americon), from the aforesaid orders of the Supreme Court, Bronx County, entered on or about July 24, 2018, and on or about November 29, 2018, And Americon having moved pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the aforementioned cross appeals and, upon vacatur, for an enlargement of time to perfect same, 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 granted to the extent of reinstating Americon's cross appeals and enlarging the time to perfect same to the December 2019 Term, to which Term the appeals and cross appeals are adjourned. ENTERED: September 3, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding,Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3218

Index No. 24722/13E