Opinion
Motion No: M-2581
09-05-2017
Steven Pepe, Jr., Plaintiff-Appellant, v. Turner Construction Company, et al., Defendants-Appellants. Turner Construction Company, et al., Third-Party Plaintiffs-Appellants, v. Nead Electric of New Jersey, Inc., et al., Third-Party Defendants, Index No. 595361/15 -and- Acuity Brands Lighting, Inc., doing business as Mark Architectural Lighting, Third-Party Defendant-Respondent.
Third-party defendant-respondent Acuity Brands Lighting, Inc., etc. having moved, inter alia, for dismissal of an appeal taken from the order of the Supreme Court, New York County, entered on or about November 29, 2016,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 denied, without prejudice to advancing said arguments on the direct appeal.
ENTERED: September 5, 2017
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Karla Moskowitz Judith J. Gische,Justices
M-2581
Index No. 156926/13