Venegas v Shymer
Motion No: 2018-14778
Slip Opinion No: 2023 NY Slip Op 68347(U)
Decided on June 9, 2023
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

M289417

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2018-14778

Oscar Venegas, appellant-respondent,

v Breuer Shmyer, defendant, 3 Merrick, LLC,

et al., respondents-appellants;

Salamon's Home Improvements, Inc., etc.,

third-party defendant-respondent

(and a second third-party action).

(Index No. 30446/2016)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Rockland County, dated November 28, 2018, which were determined by decision and order of this Court dated January 26, 2022. 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.

DILLON, J.P., CHRISTOPHER, DOWLING and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court