| Gabriel v Johnston's L.P. Gas Serv., Inc. |
| 2012 NY Slip Op 06527 [98 AD3d 1326] |
| September 28, 2012 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Hugo Rafael Ramirez Gabriel, Also Known as Cesar Mendez, et
al., Appellants-Respondents, v Johnston's L.P. Gas Service, Inc., Respondent-Appellant, et al.,
Defendants. (Action No. 1.) Hugo Rafael Ramirez Gabriel, Also Known as Cesar Mendez, et al.,
Appellants, v Anthony A. Demarco et al., Respondents, et al., Defendants. (Action No. 2.) Hugo Rafael Ramirez Gabriel, Also Known as Cesar Mendez, et al., Appellants-Respondents, v Raytheon Company, Respondent-Appellant. (Action No. 3.)— |
—[*1]Motion for reargument granted to the extent that the parties shall file and serve briefs regarding whether Supreme Court's order entered August 5, 2011, was properly made insofar as it ordered that plaintiffs must return to the United States for independent medical examinations, if requested by defendants 60 days prior to trial, and whether this Court's opinion and order entered June 15, 2012, properly determined that plaintiffs abandoned that issue. Motion and cross motion for leave to appeal to the Court of Appeals denied. Present—Smith, J.P., Fahey, Peradotto and Lindley, JJ.