Thomas Kehoe Jr. et al. v 61 Broadway Owners LLC et al. .

Motion No: M-1649

Slip Opinion No: 2020 NYSlipOp 71071(U)

Decided on September 3, 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.

September 3, 2020

Thomas Kehoe, Jr., et al.,

Plaintiffs-Appellants-Respondents,

v

61 Broadway Owners, LLC, et al., Defendants-Respondents-Appellants.

61 Broadway Owners, LLC, et al., Third-Party Plaintiffs-Respondents- Appellants, v

P.S. Marcato Elevator Company,

Inc., et al., Third-Party Defendants-Respondents.

--------------------------------------------X Third-party defendant-respondent P.S Marcato Elevator Company, Inc. (M-1558) and defendants-respondents-appellants (M-1649) having separately moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on February 27, 2020 (Appeal No. 11147), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that defendants-respondents-appellants' motion (M-1649) is denied. That branch of third-party defendant-respondent's motion (M-1558) for reargument is granted and, upon reargument, this Court's order, entered February 27, 2020 (Appeal No. 11147), is recalled and vacated and a new decision and order

substituted therefor. (See Appeal No. 11147 decided simultaneously herewith.) The branch of third-party defendant-respondent's motion seeking leave to appeal to the Court of Appeals is denied. ENTERED: September 3, 2020

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Jeffrey K. Oing, Justices

M-1649

M-1558

Index No.153920/13