Top Grade Excavating New York Inc. v Airitan Management Corp.

Motion No: M-1887

Slip Opinion No: 2020 NYSlipOp 70522(U)

Decided on August 27, 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 27, 2020

Top Grade Excavating New York Inc.,

Plaintiff-Respondent,

v

Airitan Management Corp., Defendant-Appellant,

HDMI Holdings, LLC, et al.,

Defendants.

Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 6, 2019 (Case No. 2020-00781), and from the judgment, same court, entered on or about December 11, 2019 (Case No. 2020-00785), And plaintiff-respondent have moved, by separate motions, to dismiss the aforesaid appeals on the ground defendant-appellant is not an aggrieved party, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motions are denied.ENTERED: August 27, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-1887

M-1846

Index No. 153811/16