Drena Mileski, etc., plaintiff, v. MSC (2018)

Supreme Court, Appellate Division, Second Department, New York.

Drena Mileski, etc., plaintiff, v. MSC Industrial Direct Co., Inc., defendant third-Party plaintiff-Appellant, et al., defendants; Buffalo Machinery Co., Ltd., third-Party defendant-Respondent, et al., third-Party defendant.

2016–07282 (Index No. 10391 /09)

Decided: March 07, 2018

RUTH C. BALKIN, J.P. JOHN M. LEVENTHAL CHERYL E. CHAMBERS ROBERT J. MILLER, JJ.

Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, N.Y. (Eliza M. Scheibel and Melissa McCarthy of counsel), for defendant third-party plaintiff-appellant. Farber Brocks & Zane LLP, Garden City, N.Y. (Tracy L. Frankel of counsel), for third-party defendant-respondent.

Argued—November 9, 2017

DECISION & ORDER

In an action, inter alia, to recover damages for wrongful death, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Suffolk County (Mayer, J.), dated May 23, 2016, which denied its motion for leave to renew its prior cross motion pursuant to CPLR 306–b and CPLR 311(b) to extend the time to serve the third-party complaint on the third-party defendant Buffalo Machinery Co., Ltd., and for leave to effectuate such service by alternate means, which cross motion had been denied by an order of the same court entered September 18, 2014.

ORDERED that the appeal is dismissed as academic, with costs, in light of our determination on the companion appeals (see Mileski v MSC Industrial Direct Co., Inc., _ AD3d _ [Appellate Division Docket No. 2014–11031; decided herewith] ).

BALKIN, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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