Garcia v Emerick Gross Real Estate, L.P.
Motion No: 2019-00108
Slip Opinion No: 2022 NY Slip Op 66940(U)
Decided on June 3, 2022
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

M283290

MB/

BETSY BARROS, J.P.

VALERIE BRATHWAITE NELSON

REINALDO E. RIVERA

ROBERT J. MILLER, JJ.

2019-00108

David Garcia, appellant-respondent,

v Emerick Gross Real Estate, L.P., defendant

third-party plaintiff-respondent-appellant;

Temperature Systems, Inc., third-party

defendant-respondent-appellant.

(Index No. 608332/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Nassau County, dated November 27, 2018, which was determined by decision and order of this Court dated July 28, 2021. Motion by the appellant-respondent 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 thereto, it is

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

BARROS, J.P., BRATHWAITE NELSON, RIVERA and MILLER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court