Opinion
Motion No: M-3538
10-09-2018
Jeffrey White, Plaintiff-Respondent, v. 31-01 Steinway, LLC, et al., Defendants, Express, LLC, et al., Defendants-Respondents, Russco, Inc., Defendant-Appellant. [And a Third-Party Action]
Defendant-respondent John F. Ruggles, Jr. Inc., doing business as Ruggles Sign Company, having moved for reargument of or, in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on June 12, 2018 (Appeal No. 6607)[M-3410], And defendant-appellant Russco, Inc. having moved for clarification or in the alternative, reargument, deemed to be a motion for reargument, of the decision and order of this Court, entered on June 12, 2018 [M-3482], And defendant-respondent Express, LLC having separately moved for reargument or, in the alternative, leave to appeal to the Court of Appeals, from the aforesaid decision and order of this Court [M-3538],Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that defendants-respondents Ruggles Sign Company's and Express, LLC's motions for reargument or for leave to appeal to the Court of Appeals are denied [M-3410/M-3538]. Defendant-appellant Russco, Inc.'s motion for reargument is granted and, upon reargument, the decision and order of this Court, entered on June 12, 2018 (Appeal No. 6607) is recalled and vacated and a new decision and order substituted therefor (see Appeal No. 6607, decided simultaneously herewith)[M-3482].
ENTERED: October 9, 2018
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice, Peter Tom Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh,Justices
M-3538
M-3482
M-3410
Index No. 156151/13