| Debcon Financial Services, Inc. v 83-17 Broadway Corp. |
| Motion No: 2007-00031 |
| Slip Opinion No: 2007 NYSlipOp 61203(U) |
| Decided on January 17, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M49446
E/sl
WILLIAM F. MASTRO, J.P.
GLORIA GOLDSTEIN
ROBERT A. LIFSON
EDWARD D. CARNI, JJ.
|
2007-00031 Debcon Financial Services, Inc., plaintiff- respondent, v 83-17 Broadway Corp., appellant, Demetra Sirica, et al., defendants-respondents; Joseph Noormand, et al., nonparty-respondents.
(Index No. 21257/98)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-respondent Joseph Noormand and Debcon Financial Services, Inc., by its assignee Brett Morgan, LLC, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, entered November 22, 2006, on the ground that it is barred by the doctrine of law of the case and to direct the appellant to post a bond pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of motion which is to dismiss the appeal is denied without prejudice to the respondents raising the issue in the briefs on the appeal; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., GOLDSTEIN, LIFSON and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court