Opinion
Motion No: M-441
03-19-2020
Christopher Favaloro, Plaintiff-Respondent-Appellant, v. Port Authority of New York and New Jersey, Defendant-Appellant-Respondent, Guardian Service Industries, Inc. Defendant, Turner Construction Co., Two World Trade Center, LLC, Defendants-Respondents-Appellants, Granite Construction Northeast, Inc., Defendant, Halmar International, Defendant-Respondent-Appellant, -and- Granite-Halmar Construction Company, Inc., Defendant. Guardian Service Industries, Inc., Third-Party Plaintiff, v. Moretrench American Corp, Third-Party Defendant.
An appeal and cross appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 29, 2018, And plaintiff-respondent-appellant, Christopher Favaloro, having moved (M-217) for reargument of that portion of this Court's order, entered on December 19, 2019 (M-8370/M-8430), which solely struck Point 1(c) of the brief of the defendants-respondents-appellants Turner Construction Co., Two World Trade Center, LLC and Halmar International, rather than Point 1 in its entirety, or, in the alternative, granting an enlargement of the record on appeal,And defendants-respondents-appellants, Turner Construction Co., Two World Trade Center, LLC and Halmar International, having cross moved (M-441) for reargument of that portion of this Court's order, entered on December 19, 2019 (M-8370/M-8430), which struck Point 1(c) of their brief, and upon reargument, for denial of the motions to strike, Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that plaintiff-respondent-appellant's motion for reargument (M-217) is granted, and upon reargument this Court adheres to its original determination (M-9370/M-8430, entered December 19, 2019), without prejudice to plaintiff-respondent-appellant raising hid arguments in his brief and/or at oral argument of the appeals, and it is further Ordered that defendants-respondents-appellants' cross-motion (M-441) is denied.
ENTERED: March 19, 2020
__________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Barbara R. Kapnick Jeffrey K. Oing, Justices
M-441
M-217
Index No. 101119/12