Cruz v City of New York
Motion No: 2021-08170
Slip Opinion No: 2022 NY Slip Op 72167(U)
Decided on September 23, 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

M285065

MB/

FRANCESCA E. CONNOLLY, J.P.

REINALDO E. RIVERA

JOSEPH A. ZAYAS

WILLIAM G. FORD, JJ.

2021-08170

Angel Cruz, plaintiff-respondent,

v City of New York, et al., defendants third-party

plaintiffs-appellants; Komatsu America Corp.,

et al., third-party defendants-appellants,

Komatsu Ltd., et al., third-party defendants-responde

Hydraforce Hydraulics, Ltd., non-party

appellant (and another title).

(Index No. 720914/2021)

DECISION & ORDER ON MOTION





nts;

Appeals from an order of the Supreme Court, Queens County, dated October 14, 2021. Motion by the plaintiff-respondent to dismiss the appeals by the third-party defendant-appellant Komatsu America Corp. and third-party defendant-appellant Esco Group, LLC, on the ground that they are not aggrieved by the order. Separate motion by the defendants third-party plaintiffs-appellants to extend the time to perfect their appeal. Separate motion by the third-party defendants-appellants to extend the time to perfect their appeal.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the plaintiff-respondent is granted, and the appeals by the third-party defendant-appellant Komatsu America Corp., and third-party defendant-appellant Esco Group, LLC, are dismissed, without costs or disbursements; and it is further,

ORDERED that the motions by the defendants third-party plaintiffs-appellants and the third-party defendants-appellants are granted, and on or before October 24, 2022, the defendants third-party plaintiffs-appellants and the third-party defendants-appellants shall serve and file the joint record or appendix and their respective briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and their respective briefs and upload digital copies of the joint record or appendix and their respective briefs, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court