Opinion
Motion No: M-5411
01-24-2019
American Stevedoring, Inc., Plaintiff-Respondent-Appellant, v. Red Hook Container Terminal, LLC, Defendant-Appellant, -and- Seneca Insurance Company, Inc., doing business as The Seneca Companies, Defendant-Respondent, The Port Authority of New York and New Jersey, Defendant-Respondent. Red Hook Container Terminal, LLC, Third-Party Plaintiff-Appellant, v. JBL Trinity Group, Ltd., Third-Party Defendant-Respondent.
An appeal having been taken by defendant-appellant/third-party plaintiff-appellant, Red Hook Container Terminal LLC (RHCT), from the order of the Supreme Court, New York County, entered on or about September 14, 2017, which granted the joint motion of defendant Seneca Insurance Company and third-party defendant JBL Trinity Group, Ltd., to compel defendant-appellant to produce additional proof of its damages, And, an appeal having been taken by defendant-appellant, RHCT from the order of the Supreme Court, New York County, entered on or about December 15, 2017, to the extent that it granted plaintiff-respondent-appellant's motion for summary judgment against RHCT and denied RHCT's motion for summary judgment on plaintiff's first and tenth causes of action and on RHCT' first counterclaim, And, an appeal having been taken by plaintiff-respondent- appellant from the order of the Supreme Court, New York County, entered on or about December 15, 2017, to the extent it granted defendant-respondent The Port Authority of New York and New Jersey's motion for summary judgment dismissing plaintiff's first and tenth causes of action, And, defendant-appellant RHCT having moved for an enlargement of time to perfect its appeals from orders of the Supreme Court, New York County entered on or about September 14, 2017,(M-5380/M-6420) and December 15, 2017 (M-5410), And, plaintiff-appellant having moved for an enlargement of time to perfect its appeal from an order of the Supreme Court, New York County, entered on or about December 15, 2017 (M-5411), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are granted to the extent of enlarging defendant-appellant RHCT's time to perfect its appeals from the orders entered September 14, 2017 and December 15, 2017 (M-6430/M-5380/M-5410), and plaintiff-appellant's time to perfect its appeal from the order entered December 15, 2017 (M-5411), to the May 2019 Term. The parties are directed to perfect the appeals in accordance with 22 NYCRR 1250.9(f). The Clerk of this Court is directed to calendar the appeals to be heard together on the same date within the May 2019 Term.
ENTERED: January 24, 2019
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding,Sallie Manzanet-Daniels Judith J. Gische Peter Tom Peter H. Moulton, Justices
M-5411
M-5410
M-5380
M-6420
Index No. 651472/12