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WINKLER v. HALMAR INTL., LLC

Index Nos. 150694/14, 595096/15, 595523/15, Appeal No. 16154, Case Nos. 2021-03057, 2022-00987.

206 A.D.3d 508 (2022)

171 N.Y.S.3d 6

2022 NY Slip Op 03984

Doreen Ellen Winkler et al., Respondents, v. Halmar International, LLC, et al., Respondents, and JA Underground Professional Corporation, Doing Business as Jacobs Associates, Appellant/Second Third-Party Defendant-Appellant, et al., Defendants. Haks Group, Inc., et al., Second Third-Party Plaintiffs-Respondents. (And a Third-Party Action.).

Appellate Division of the Supreme Court of New York, First Department.

Decided June 16, 2022.

Attorney(s) appearing for the Case

Donovan Hatem LLP, New York (Scott K. Winikow of counsel), for appellant.

Arye, Lustig & Sassower, PC, New York (D. Carl Lustig, III of counsel), for Doreen Ellen Winkler, respondent.

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Jonathan P. Shaub of counsel), for Halmar International, LLC, Halmar Construction Corp. and Halmar International Construction, LLC, respondents.

Byrne & O'Neill, LLP, New York (Elaine C. Gangel of counsel), for Haks Group, Inc., Haks Engineers, Architects and Land Surveyors, P.C., respondents.

Cerussi & Spring, P.C., White Plains (Christopher Roberta of counsel), for The City of New York and The New York City Department of Environmental Protection, respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kern, Mazzarelli, Shulman, JJ.

The motion court providently exercised its discretion in deciding plaintiff's cross motion for leave to renew so much of her prior motion as was for partial summary judgment on the issue of liability as against JA (see S.V.L. v PBM, LLC, 191 A.D.3d 564, 565 [1st Dept 2021]; Rancho Santa Fe Assn. v Dolan-King, 36 A.D.3d 460, 461 [1st Dept 2007]). Notwithstanding plaintiff's prior position on her previous summary judgment motion...

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