Davies v Simon Property Group, Inc.
Motion No: 2016-12590
Slip Opinion No: 2020 NY Slip Op 61327(U)
Decided on January 21, 2020
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

M269022

kbp/

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

VALERIE BRATHWAITE NELSON, JJ.

2016-12590

Gerald Davies, plaintiff-respondent-appellant,

v Simon Property Group, Inc., defendant-appellant-

respondent, E.W. Howell Co., LLC, defendant third-

plaintiff-appellant-respondent, Ruttura & Sons

Construction Co., Inc., defendant-appellant;

Allstate Interior Demolition Corporation,

third-party defendant-respondent

(and another third-party action).

(Index No. 601597/13)

DECISION & ORDER ON MOTION



party

Motion by the defendant third-party plaintiff-appellant-respondent for leave to reargue appeals and a cross appeal from an amended order of the Supreme Court, Nassau County, dated November 28, 2016, which were determined by decision and order of this Court dated July 31, 2019.

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

ORDERED that the motion is denied, with $100 costs.

MASTRO, J.P., AUSTIN, ROMAN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court