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TOBIO v. BOSTON PROPS., INC.

2007-03721 2007-03724 2007-03725

2008 NY Slip Op 07233

FRANCISCO TOBIO, ET AL., plaintiffs, v. BOSTON PROPERTIES, INC., ET AL., defendants third-party plaintiffs-appellants; ONE SOURCE HUDSON SHATZ, ET AL., third-party defendants-respondents.

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

Decided September 30, 2008.

Attorney(s) appearing for the Case

Barry, McTiernan & Moore, New York, N.Y. (Laurel A. Wedinger of counsel), for defendants third-party plaintiffs-appellants.

Gallo Vitucci Klar Pinter & Cogan LLP, New York, N.Y. (Kimberly A. Ricciardi and Yolanda Ayala of counsel), for third-party defendants-respondents.

Before: Reinaldo E. Rivera, J.P., Howard Miller, Daniel D. Angiolillo, Cheryl E. Chambers, JJ.

DECISION & ORDER

ORDERED that the appeal from the order dated June 5, 2006, is dismissed, without costs or disbursements, as no appeal lies from an order denying reargument; and it is further,

ORDERED that the appeal from the order dated February 10, 2006, is dismissed; and it is further,

ORDERED that the judgment is reversed, on the law, the third-party defendants' motion pursuant to CPLR 4401 for judgment as a matter of law is denied, the third...

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