State of New York Court of Appeals This memorandum is uncorrected and subject to revision before publication in the New York Reports.

No. 24 Michael Cutaia, Respondent, v. The Board of Managers of the 160/170 Varick Street Condominium, et al., Defendants, The Rector, Church Wardens and Vestrymen of Trinity Church in the City of New York, et al., Appellants. ---------------------------- Michilli Construction, Inc. et al., Third-Party Appellants, v. A+ Installations Corp. Third-Party Defendant. (And Other Actions.)

Michael J. Kozoriz, for appellants.

Louis Grandelli, for respondent.

Reargument ordered for a future Court session. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

Decided April 1, 2021