Opinion
MOTION NO. 766-16 DOCKET NO. CA 15-01978
12-23-2016
MARGUERITE MITCHELL, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN K. MITCHELL, DECEASED, PLAINTIFF, v. NRG ENERGY, INC. AND DUNKIRK POWER, LLC, DEFENDANTS. NRG ENERGY, INC. AND DUNKIRK POWER, LLC, THIRD-PARTY PLAINTIFFS-APPELLANTS, v. INTERNATIONAL CHIMNEY CORP., THIRD-PARTY DEFENDANT-RESPONDENT.
PRESENT:
NRG Energy Inc. and Dunkirk Power LLC having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered September 30, 2016,
Now, upon reading and filing the affirmations of Sim R. Shapiro, Esq., dated November 3, 2016, and November 22, 2016, the notice of motion with proof of service thereof, and the affirmation of Andrew Zajac, Esq., dated November 15, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 23, 2016
Frances E. Cafarell, Clerk