Opinion
Motion No. 2323 Motion No. 2337 Motion No. 2767
10-20-2020
Derek Hewitt, Plaintiff-Appellant-Respondent, v. NY 70th Street LLC, Defendant, Sweeney and Conroy Inc., Defendant-Respondent-Appellant, Structure Tech New York, Inc., Defendant-Respondent. Structure Tech New York, Inc., Third-Party Plaintiff-Respondent, v. Spring Scaffolding LLC, Third-Party Defendant-Respondent-Appellant.
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing. Justices. Index No. 20953/17E
Case No. 2019-03930
Defendant-respondent Structure Tech New York, Inc. (M-2323), defendant-respondent-appellant Sweeney and Conroy, Inc. (M-2337), and plaintiff-appellant-respondent Derek Hewitt (M-2767) having moved for reargument of the decision and order of this Court, entered on June 11, 2020 (Appeal No. 11636), and defendant-respondent Structure Tech New York, Inc, having moved, in the alternative, for leave to appeal to the Court of Appeals from said order (M-2323),
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is
Ordered that the motion by defendant-respondent Structure Tech New York, Inc. for reargument or, in the alternative, for leave to appeal to the Court of Appeals (M-2323), is denied in its entirety, and it is further
Ordered that the motion by defendant-respondent-appellant Sweeney and Conroy, Inc. for reargument (M-2337) is denied, and it is further
Ordered that the motion by plaintiff-appellant-respondent for reargument (M-2767) is granted and, upon reargument, the decision and order of this Court, entered on June 11, 2020 (Appeal No.11636), is hereby recalled and vacated and a new decision and order substituted therefor. (See Appeal No.11636 decided simultaneously herewith.) ENTERED: October 20, 2020
/s/
Susanna Molina Rojas
Clerk of the Court