FRANCES WADDELL V MILWAUKEE THP, LLC, AND BENDERSON DEVELOPMENT COMPANY, LLC
Motion No: CA 21-01258
Slip Opinion No: 2022 NY Slip Op 67797(U)
Decided on June 21, 2022
Appellate Division, Fourth 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.


June 21, 2022

PRESENT:WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND LINDLEY, JJ.

CA 21-01258

FRANCES WADDELL, PLAINTIFF-APPELLANT,

V

MILWAUKEE THP, LLC, AND BENDERSON DEVELOPMENT COMPANY, LLC,

DEFENDANTS-RESPONDENTS.



MILWAUKEE THP, LLC, AND BENDERSON DEVELOPMENT COMPANY, LLC, THIRD-PARTY PLAINTIFFS-APPELLANTS,

V

TC NOTARO CONTRACTING, INC., THIRD-PARTY

DEFENDANT-RESPONDENT.



Milwaukee THP, LLC and Benderson Development Company, LLC having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Erie County, entered August 9, 2021,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that the appeal is perfected on or before July 22, 2022.

Entered: June 21, 2022

Ann Dillon Flynn

Clerk of the Court