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14-1061 - Superior Site Work, Inc. et al v. Nasdi, LLC et al


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14-1061 - Superior Site Work, Inc. et al v. Nasdi, LLC et al
February 9, 2016
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MEMORANDUM OF DECISION & ORDER - For the foregoing reasons, the Court denies NASDI's 42 partial motion to dismiss in its entirety. See Decision for further details. So Ordered by Judge Arthur D. Spatt on 2/9/2016. c/ecf. (Coleman, Laurie)
January 23, 2017
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MEMORANDUM OF DECISION AND ORDER granting Cases 77 motion to hold the third party action in abeyance; granting in part and denying in part the City and the Parks Department's 78 motion; and denying the 62 motion to strike or sever as moot - Accordingly, the Court grants Cases motion to hold the third party action in abeyance pending the outcome of the NYS Supreme Court cases. The Court grants the City and the Parks Departments motion to the extent that the Parks Department is dismissed from the action and the third party action is held in abeyance. The Citys motion is denied to the extent that the entire action will not be held in abeyance. The motion by Superior, Diversified and Harrison to strike the third party complaint or to sever it is denied as moot. The Clerk of the Court is respectfully directed to terminate the Parks Department as a third party defendant. The third party action is stayed until further order, and the Clerk of the Court is further respectfully directed to place this action on the suspense calendar. The stay is not final and may be vacated if either party demonstrates unfair prejudice or if outstanding issues remain upon completion of the state proceedings. Counsel are directed to inform the Court within thirty days after the conclusion of the state proceedings as to the determination of the state proceedings. So Ordered by Judge Arthur D. Spatt on 1/23/2017. City of New York (Department of Parks and Recreation) (Third-Party Deft) terminated. (Coleman, Laurie)
May 22, 2017
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MEMORANDUM OF DECISION AND ORDER denying 103 Motion for Reconsideration. For the reasons stated above, NASDIs motion for reconsideration pursuant to Local Civil Rule 6.3 is denied in its entirety. The Court notes that the parties incorrectly included the New York City Parks Department as a third party defendant in their captions. The Court previously dismissed the Parks Department as a third party defendant. The parties are directed to use the caption included at the beginning of this memorandum of decision and order, and the Clerk of the Court is respectfully directed to amend the official caption to reflect the same. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 5/22/2017. (Coleman, Laurie)