Franco Belli Plumbing & Heating & v Citnalta Construction Corp. and Travelers

Motion No: M-7332

Slip Opinion No: 2019 NYSlipOp 83009(U)

Decided on October 29, 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.

October 29, 2019

Franco Belli Plumbing & Heating &

Sons, Inc.,

Plaintiff-Respondent,

v

Citnalta Construction Corp. and Travelers

Casualty and Surety Company of America, Defendants-Appellants,

-and-

New York City School Construction

Authority,

Defendant.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about November 30, 2018, and said appeal having been perfected, And plaintiff-respondent having moved to enlarge the record on appeal to include reply papers submitted in support of its in limine motion, and five trial motions/briefs addressing defendants' alleged frivolous conduct, 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, and plaintiff is granted leave to file a supplemental record on appeal with its respondent's brief. ENTERED: October 29, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Peter H. Moulton,Justices

M-7332

Index No. 107725/11