Omega Diagnostic Imaging PC and H.P.M.L. v Attica Construction Corp. and Siemens

Motion No: M-2000

Slip Opinion No: 2020 NYSlipOp 69591(U)

Decided on August 6, 2020

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.

August 6, 2020

Omega Diagnostic Imaging PC and H.P.M.L.

Realty Corporation, Plaintiffs-Appellants,

v

Attica Construction Corp. and Siemens

Medical Solutions USA, Inc.,

Defendants-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 8, 2020, And defendants-respondents Siemens Medical Solutions USA, Inc., (M-1857) and Attica Construction Corp., (M-1977) having moved separately to dismiss said appeal, And plaintiffs-appellants having cross-moved for leave to appeal from the subsequent judgement entered on or about January 23, 2020(M-2000), Now, upon reading and filing the papers with respect to the motions and cross motion, and due deliberation having been had thereon, It is ordered that the motions to dismiss the appeal are denied (M-1857 and M-1977); the cross-motion is granted to the

extent of deeming plaintiffs' notice of appeal to have been taken from the judgment entered subsequent to the order initially appealed from (M-2000). ENTERED: August 6, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-2000

M-1977

M-1857

Index No. 154562/19