Pistone v American Biltrite, Inc.
Motion No: 2018-06602
Slip Opinion No: 2021 NY Slip Op 75884(U)
Decided on December 10, 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

M280460

MB/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2018-06602

Victoria Pistone, et al., appellants, v American

Biltrite, Inc., etc., et al., respondents, et al.,

defendants (and third-party actions).

(Index No. 607637/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered April 19, 2018, which was determined by decision and order of this Court dated May 26, 2021. Motion by the respondent Mannington Mills, Inc., 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.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is denied, with $100 costs.

DILLON, J.P., HINDS-RADIX, DUFFY and IANNACCI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court