Christopher Favaloro v Port Authority of New York and New Jersey

Motion No: M-8430

Slip Opinion No: 2019 NYSlipOp 86378(U)

Decided on December 19, 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.

December 19, 2019

Christopher Favaloro,

Plaintiff-Respondent-Appellant,

v

Port Authority of New York and New Jersey,

Defendant-Appellant-Respondent,

Guardian Service Industries, Inc.

Defendant.

Turner Construction Co., Two World

Trade Center, LLC,

Defendants-Respondents-Appellants,

Granite Construction Northeast, Inc.,

Defendant,

Halmar International,

Defendant-Respondent-Appellant,

-and-

Granite-Halmar Construction Company,

Inc.,

Defendant.

Guardian Service Industries, Inc., Third-Party Plaintiff, v

Moretrench American Corp, Third-Party Defendant.

-----------------------------------------X An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about November 29, 2018, and the appeal and cross appeal having been perfected, And defendant-appellant-respondent, Port Authority of New York and New Jersey, and defendant/third-party-plaintiff-respondent Guardian Service Industries, Inc., having moved for an order: striking Point 1(c) of the Brief of the defendants-respondents-appellants Turner Construction Co., Two World Trade Center, LLC and Halmar International; or, in the alternative, granting an enlargement of the record on appeal, (M-8370),And plaintiff-respondent-appellant, Christopher Favaloro, having cross-moved for the same relief and an order adjourning the appeal to either the May 2020 Term of this Court, or to a Term subsequent to the date the instant motion and cross motion are decided, (M-8430) 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 (M-8370) and cross motion (M-8430) are granted to the extent of striking Point 1(c) of the Halmar defendants' Brief on appeal. The appeal is adjourned to the May 2020 Term of this Court. ENTERED: December 19, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Barbara R. Kapnick Jeffrey K. Oing, Justices

M-8430

M-8370

Index No. 101119/12