| AMERICAN MOTORISTS INSURANCE COMPANY AS SUCCESSOR IN INTEREST OF SPECIALTY NATIONAL INSURANCE COMPANY, AS SUBROGEE OF |
| Motion No: NOS. CA 07-00898 AND CA 07-00970 |
| Slip Opinion No: 2008 NYSlipOp 61297(U) |
| Decided on January 15, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, CENTRA, AND LUNN, JJ.
DOCKET NOS. CA 07-00898 AND CA 07-00970
| AMERICAN MOTORISTS INSURANCE COMPANY AS SUCCESSOR IN INTEREST OF
SPECIALTY NATIONAL INSURANCE COMPANY, AS SUBROGEE OF NIAGARA FALLS CITY SCHOOL DISTRICT, PLAINTIFF-APPELLANT, V LOUIS
P. CIMINELLI CONSTRUCTION CO., INC., ALSO KNOWN AS LOUIS P. CIMINELLI CONSTRUCTION, CO., INC., THE CIMINELLI COMPANIES INCORPORATED,
LPCIMINELLI CONSTRUCTION CORP., LOUIS P. CIMINELLI MANAGEMENT CO., INC., CIMINELLI HOLDINGS, INC., CIMINELLI SERVICES CORP.,
LPCIMINELLI INTERESTS, INC., AND LPCIMINELLI, INC., DEFENDANTS-RESPONDENTS, ET AL., DEFENDANTS. (APPEAL NO. 1.) AMERICAN
MOTORISTS INSURANCE COMPANY AS SUCCESSOR IN INTEREST OF SPECIALTY NATIONAL INSURANCE COMPANY, AS SUBROGEE OF NIAGARA FALLS CITY SCHOOL
DISTRICT, PLAINTIFF-APPELLANT, V LOUIS P. CIMINELLI CONSTRUCTION CO., INC., ALSO KNOWN AS LOUIS P. CIMINELLI CONSTRUCTION CO., INC., ET AL.,
DEFENDANTS, DAVIS-ULMER HOLDING CORP., DAVIS-ULMER LLC, ALSO KNOWN AS AVA LANE HOLDING, LLC, DAVIS-ULMER PARTNERS, ALSO KNOWN AS AVA LANE
HOLDINGS, LLC, DAVIS-ULMER SPRINKLER INSPECTIONS, INC. AND AVA LANE HOLDINGS, LLC, DEFENDANTS-RESPONDENTS. (APPEAL NO.
2.) |
Respondents having moved to strike appellant's reply brief on the appeals taken from orders of the Supreme Court entered in the Office of the Clerk of the County of Niagara on January 23, 2007 and January 9, 2007,
DOCKET NOS. CA 07-00898 AND CA 07-00970PAGE 2
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, CENTRA, AND LUNN, JJ.
Now, upon reading and filing the affirmation of Julia M. Hilliker dated
December 28, 2007, the affidavit of Kevin J. English sworn to January 10, 2008, the notices of motion with proof of service thereof, the opposing affirmation of Michael J. Pastrick dated January 11, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motions be, and the same hereby are denied without prejudice to respondents' raising the contention therein at oral argument of the appeals.
Entered: January 15, 2008
JoAnn M. Wahl, Clerk