Opinion
2021-75556 Motion 2020-05906 2020-08996 2020-08997
12-03-2021
Zong Wang Yang, et al., appellants-respondents, v. City of New York, et al., defendants-respondents-appellants, Plaza Construction, LLC, defendant third-party/second plaintiff-respondent-appellant, ZHN Contracting Corporation, defendant third-party defendant-respondent-appellant, Martin Associates, Inc., defendant second third-party defendant-respondent A-Tech Electric Enterprises, Inc., third-party third-party defendant respondent-appellant. Index No. 520955/2016
Unpublished Opinion
MOTION DECISION
CHERYL E. CHAMBERS, J.P., LINDA CHRISTOPHER, JOSEPH A. ZAYAS, DEBORAH A. DOWLING, JJ.
DECISION & ORDER ON MOTION
Appeal and cross appeals from three orders of the Supreme Court, Kings County, dated July 24, 2020, October 6, 2020, and October 21, 2020, respectively. Motion by the City of New York, Brooklyn Navy Yard Development Corporation, and Plaza Construction LLC, in effect, for leave to withdraw their cross appeal and to serve and file a replacement brief in response to the answering briefs filed by the defendant-respondent-appellant ZHN Contracting Corporation and the third-party defendant-respondent-appellant, A-Tech Electric Enterprises, Inc.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted, the cross appeal by the defendants-respondents-appellants City of New York and Brooklyn Navy Yard Development Corporation and the defendant third-party/second third-party plaintiff-respondent-appellant Plaza Construction LLC, is deemed withdrawn, without costs or disbursements, and on or before January 3, 2022, the City of New York, Brooklyn Navy Yard Development Corporation, and Plaza Construction LLC, shall serve and file a replacement respondents' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement respondents' brief and upload a digital copy of the replacement respondents' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that no further extension of time shall be granted.
CHAMBERS, J.P., CHRISTOPHER, ZAYAS and DOWLING, JJ., concur.