Suriaga v 128 E28, LLC
Motion No: 2024-10263
Slip Opinion No: 2025 NY Slip Op 74551(U)
Decided on August 15, 2025
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

M307241

ID/

BETSY BARROS, J.P.

LARA J. GENOVESI

WILLIAM G. FORD

DONNA-MARIE E. GOLIA, JJ.

2024-10263

Jose Suriaga, plaintiff-respondent, v 128 E28, LLC,

et al., defendants third-party plaintiffs-respondents-

appellants; Capital Concrete NY Inc., etc.,

third-party defendant appellant-respondent.

(Index No. 720944/2019)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order of the Supreme Court, Queens County, dated July 18, 2024. Motion by the respondents-appellants to extend the time to serve and file an answering brief.

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

ORDERED that the motion is granted, and on or before September 15, 2025, the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., GENOVESI, FORD and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court