| Alicea v Medjugorje Realty, LLC |
| Motion No: 2018-14101 |
| Slip Opinion No: 2021 NY Slip Op 73493(U) |
| Decided on October 21, 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. |
Appellate Division: Second Judicial Department
M279750
E/jr
HECTOR D. LASALLE, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
CHERYL E. CHAMBERS, JJ.
|
2018-14101 Marco Antonio Alicea, et al., plaintiffs-respondents, v Medjugorje Realty, LLC, et al., defendants-respond Imperial Elevator Corporation, defendant/fifth-party Cingular Wireless, PCS, LLC, et al., defendants/third Odyssia Global Communications third-party defenda defendant-respondent; Preferred Builders, Inc., fourthrespondent. (Index No. 31809/2009)
| DECISION & ORDER ON MOTION ents, plaintiff-appellant-respondent, New -party plaintiffs-respondents-appellants; nt/fourth-party plaintiff/fifth-party -party defendant/fifth-party defendant |
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated September 11, 2018.
On the Court's own motion, it is
ORDERED that the parties to the appeal and cross appeal are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal by Imperial Elevator Corporation from so much of the order as granted that branch of the motion by Preferred Builders, Inc., which was for summary judgment dismissing the fifth-party complaint insofar as asserted against it, on the ground that Imperial Elevator Corporation filed an appeal from a judgment of the Supreme Court, Kings County, entered October 26, 2018, under Appellate Division Docket No. 2018-14828, which was never perfected and deemed dismissed pursuant to 22 NYCRR 1250.10(a), by uploading a digital copy of an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before November 16, 2021; and it is further,
ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties to the appeal and cross appeal via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.
LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court