| A.J.R. Equities, Inc. v Scout Constr. Mgt., LLC |
| 2020 NY Slip Op 04059 |
| Decided on July 17, 2020 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on July 17, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., NEMOYER, TROUTMAN, AND BANNISTER, JJ.
628 CA 19-01285
v
SCOUT CONSTRUCTION MANAGEMENT, LLC, ET AL., DEFENDANTS.
SCOUT CONSTRUCTION MANAGEMENT, LLC, THIRD-PARTY PLAINTIFF-APPELLANT,
v
JILL FUDO, THIRD-PARTY DEFENDANT-RESPONDENT, ET AL., THIRD-PARTY DEFENDANT. (APPEAL NO. 2.)
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (AMANDA L. MACHACEK OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-APPELLANT.
SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT.
Appeal from an order of the Supreme Court, Onondaga County (James P. Murphy, J.), entered July 3, 2019. The order denied the motion of third-party plaintiff for leave to reargue and renew its opposition to third-party defendant Jill Fudo's motion to dismiss the third-party complaint against her.
It is hereby ORDERED that said appeal from the order insofar as it denied leave to reargue is unanimously dismissed (see Empire Ins. Co. v Food City , 167 AD2d 983, 984 [4th Dept 1990]) and the order is affirmed without costs.
Entered: July 17, 2020
Mark W. Bennett
Clerk of the Court