Opinion
Motion No. 2022-04459 Index No. 32767/20ECase No. 2022-04529
01-10-2023
Nelson Garcia, Plaintiff-Respondent, v. ANDR Services Group, Inc., Defendant-Appellant, S&G Restoration Corp., doing business as JMMK Construction, Valon Gjonbalaj and Luz Mary Patricia Valdes, also known as Patricia, Defendants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Cynthia S. Kern Martin Shulman Julio Rodriguez III John R. Higgitt, Justice Presiding, Justices.
An appeal having been taken to this Court from "each and every part" of an order of the Supreme Court, Bronx County, entered on or about October 06, 2022, granting plaintiff-respondent's motion for summary judgment on liability against defendant-appellant, and granting, without opposition, defendant Valon Gjonbalaj's cross-motion for summary judgment dismissing the complaint and all cross claims as against Valon Gjonbalaj, And defendant Valon Gjonbalaj having moved to dismiss the appeal to the extent the appeal can be construed to seek reversal of that part of the order dismissing the complaint and cross claims as against Valon Gjonbalaj, on the grounds that defendant-appellant failed to oppose Valon Gjonbalaj's cross motion for summary judgment, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted, and so much of the appeal as can be construed to seek reversal of that part of the order dismissing the complaint and cross claims as against defendant Valon Gjonbalaj is dismissed; that part of the appeal addressed to the granting of summary judgment in favor of plaintiff-respondent shall remain extant.