MATTER OF EAST 51ST STREET CRANE COLLAPSE LITIGATION

5032, 113754/08, 769000/08.

84 A.D.3d 512 (2011)

923 N.Y.S.2d 64

In the Matter of EAST 51ST STREET CRANE COLLAPSE LITIGATION. RITE AID OF NEW YORK, INC., Respondent, v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC, et al., Defendants. (And a Third-Party Action.) LINCOLN GENERAL INSURANCE COMPANY, Fourth-Party Plaintiff-Respondent, v. EAST 51ST STREET DEVELOPMENT COMPANY, LLC, et al., Fourth-Party Defendants, and RELIANCE CONSTRUCTION GROUP, Fourth-Party Defendant-Appellant.

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

Decided May 10, 2011.


Fourth-party defendant Reliance Construction Ltd., doing business as RCG Group, sued herein as Reliance Construction Group and RCG Group, Inc., concedes that it did not object to the Perez and revised Rite Aid settlements. Hence, it failed to preserve the issue whether the motion court properly approved of those settlements (CPLR 5501 [a] [3]; see e.g. Sadhwani v New York City Tr. Auth., 66 A.D.3d 405

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