J-K Apparel Sales Co., Inc. v Jacobs
Motion No: 2017-11423
Slip Opinion No: 2021 NY Slip Op 63479(U)
Decided on March 24, 2021
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

M276254

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2017-11423

J-K Apparel Sales Co., Inc., et al., plaintiffs-

respondents, v Irwin Jacobs, defendant third-party

plaintiff-appellant; J-K Apparel Sales Co., Inc.,

et al., third-party plaintiffs-appellants; Steve Kenger,

third-party defendant-respondent, et al., third-party

defendants.

(Index No. 600612/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered October 31, 2017, which was determined by decision and order dated December 9, 2020. Motion by the defendant third-party plaintiff-appellant and the third-party plaintiffs-appellants for leave to reargue the appeal or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Motion by the plaintiffs-respondents, inter alia, to vacate a decision and order on motion of this Court dated September 27, 2018, which dismissed their cross appeal for failure to comply with a decision and order on motion of this Court dated July 26, 2018, and to reinstate the cross 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.

RIVERA, J.P., DILLON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court