Opinion
Motion No: M-2247
05-21-2019
Edward Higgins, Plaintiff-Respondent, v. TST 375 Hudson, L.L.C., et al., Defendants-Respondents-Appellants, -and- ADCO Electrical Corp., Defendant-Appellant-Respondent. Americon Construction Inc., Third-Party Plaintiff, v. Emcor Services New York/New Jersey,Index No. 43957/14E Inc., Third-Party Defendant, -and- ADCO Electrical Corp., Third-Party Defendant-Appellant-Respondent. Emcor Services New York/New Jersey,Index No. 43112/14E Inc., Second Third-Party Plaintiff-Respondent-Appellant, v. OMC, Inc. and OMC Sheet Metal, Inc., Second Third-Party Defendants-Respondents-Appellants. [And other third-party actions]
Appeals having been taken to this Court by defendant/third-party defendant/fifth third-party plaintiff-appellant-respondent, ADCO Electrical Corp. (ADCO), from the orders of the Supreme Court, Bronx County, entered on or about July 24, 2018, and on or about November 29, 2018, And cross appeals having been taken by defendants/fourth-party plaintiffs-respondents-appellant TST 375 Hudson, L.L.C., and TST 375 Hudson Corp. (collectively TST), and third-party defendant/second third-party plaintiff/third-third party plaintiff-respondent-appellant, Emcor Services of New York/New Jersey, Inc. (Emcor), from the aforesaid order of the Supreme Court, Bronx County, entered on or about July 24, 2018, And ADCO having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of its appeal from the aforesaid order of the Supreme Court, Bronx County, entered on or about July 24, 2018, and, upon vacatur, for an enlargement of time to perfect the appeal (M-1812), and, by separate motion, for a stay of trial, including jury selection, pending hearing and determination of its direct appeal, and for a calendar preference in the hearing of the appeal (M-1813), And TST having moved to vacate the dismissal of their cross appeal from the aforesaid order of the Supreme Court, Bronx County, entered on or about July 24, 2018, and, upon vacatur, for an enlargement of time to perfect same (M-2178), And Emcor having moved to vacate the dismissal of their cross appeal from the aforesaid order of the Supreme Court, Bronx County, entered on or about July 24, 2018 and, upon vacatur, for an enlargement of time to perfect same (M-2247), 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 (M-1812/M-2178/M-2247) are granted to the extent of reinstating the appeal and cross appeals from the aforesaid order of the Supreme Court, Bronx County, entered on or about July 24, 2018, and enlarging the time to perfect same to the October 2019 Term. The motion for a stay of trial (M-1813) is granted on condition that ADCO perfects its direct appeals for said October 2019 Term.
ENTERED: May 21, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern Peter H. Moulton, Justices
M-2247
M-2178
M-1813
M-1812
Index No. 24722/13E