| Cioffi v S.M. Foods, Inc. |
| Motion No: 2016-03336 |
| Slip Opinion No: 2020 NY Slip Op 67487(U) |
| Decided on June 24, 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. |
Appellate Division: Second Judicial Department
M271502
MB/
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-03336 Frederick M. Cioffi, et al., plaintiffs-respondents-app v S.M. Foods, Inc., et al., defendants third-party plain respondents, Atlanta Foods International, et al., defendants-respondents, Russell McCall's, Inc., defendant-appellant-respondent, et al., defendants; Village of Tuckahoe, et al., third-party defendants- appellants-respondents. (Index No. 55391/2011)
| DECISION & ORDER ON MOTION ellants, tiffs |
Appeals and a cross appeal from an order of the Supreme Court, Westchester County, dated April 4, 2016, which was determined by decision and order of this Court dated December 24, 2019. Motion by S.M. Foods, Inc., GFI Boston, LLC, Ryder Truck Rental, Inc., PLM Trailer Leasing, and Daniel E. Burke, for leave to reargue stated portions of the appeals and cross appeal, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by Village of Tuckahoe and Vincent Pinto for resettlement of the decision and order of this Court or, in the alternative, for leave to reargue the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are denied, with $100 costs.
MASTRO, J.P., RIVERA, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court