Gotay v Breitbart - Handwerker - Marchelos

Motion No: M-6070

Slip Opinion No: 2007 NYSlipOp 87537(U)

Decided on December 20, 2007

Appellate Division, First 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.

December 20, 2007

Gotay v Breitbart - Handwerker - Marchelos

Plaintiff's cross appeal from so much of the order entered on or about July 30, 2007 which denied reargument with respect to defendant Breitbart dismissed, as indicated. Plaintiff's counsel directed to physically excise Point V from the brief heretofore filed with respect thereto and to correct the table of contents accordingly. Defendant Breitbart's motion (M-6070) denied. Plaintiff's cross motion (M-6112) granted to the extent of adjourning the perfected appeal and cross appeal to the March 2008 Term for which Term counsel for plaintiff directed to file a separate brief with respect to the appeal from the order entered on or about January 25, 2007 with respect to the grant of summary judgment to defendant Breitbart.

Before: Tom, J.P., Andrias, Gonzalez, Sweeny, JJ.

Motion Nos. M-6070, M-6112