Opinion
Motion No. 2021-01313 Motion No. 2021-01475
05-20-2021
John Karandisecky, Plaintiff-Appellant, v. The City of New York, Turner Construction Company, Tishman Construction Corporation and DMJM Harris, Inc., Defendants-Respondents.
Present - Hon. Dianne T. Renwick, Justice Presiding, Barbara R. Kapnick Angela M. Mazzarelli Anil C. Singh Tanya R. Kennedy, Justices. Index No. 310180/11
Case Nos. 2019-05397 2021-01224
Appeals having been taken to this Court from orders of the Supreme Court, Bronx County, entered on or about November 04, 2019 (Case No. 2019-05397) and on or about August 20, 2020 (Case No. 2021-01224),
And plaintiff-appellant having moved for an order vacating the dismissal of the appeal taken from the November 04, 2019 order and, upon reinstatement, granting leave to withdraw the appeal from said order or, in the alternative, consolidating the reinstated appeal with the appeal taken from the August 20, 2020 order; and granting an extension of time in which to perfect the appeal from the August 20, 2020 order or, should that order be dismissed, then from the reinstated November 04, 2019 order or, in the alternative, for an extension of time in which to perfect the consolidated appeals (M-2021-01313),
And defendants-respondents having cross-moved for an order affirming the dismissal of plaintiff-appellant's appeal from the November 04, 2019 order, and dismissing plaintiff-appellant's appeal from the August 20, 2020 order (M-2021-01475),
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-appellant's motion is granted to the extent of vacating the dismissal and reinstating the appeal taken from the November 04, 2019 order (Case No. 2019-05397), and extending the time in which to perfect said appeal to the October 2021 Term of this Court, with no further extensions to be granted (M-2021-01313), and it is further
Ordered that defendants-respondents' cross motion is granted to the extent of dismissing plaintiff-appellant's appeal from the August 20, 2020 order (Case No. 2021-01224), as no appeal lies from an order denying reargument (M-2021-01475). ENTERED: May 20, 2021
/s/
Susanna Molina Rojas
Clerk of the Court