| B & N Properties, LLC v Elmar Associates, LLC |
| Motion No: 2007-03145 |
| Slip Opinion No: 2008 NYSlipOp 63238(U) |
| Decided on February 11, 2008 |
| 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
M66028
E/sl
DAVID S. RITTER, J.P.
HOWARD MILLER
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.
|
2007-03145 B & N Properties, LLC, appellant-respondent, v Elmar Associates, LLC, et al., respondents-appellants, et al., defendants. (Action No. 1) Central Equities Credit Corp., plaintiff, v B & N Properties, LLC, appellant-respondent, v Elmar Associates, LLC, et al., respondents-appellants, et al., defendants. (Action No. 2) Elmar Associates, LLC, et al., respondent-appellant, v B & N Properties, LLC, appellant-respondent, et al., defendants. (Action No. 3) (and another title) (Index Nos. 43275/00, 43274/00, 42396/00)
| DECISION & ORDER ON MOTION |
Motion by B & N Properties, LLC, on an appeal and cross appeal from an order of the Supreme Court, Kings County, dated March 1, 2007, to strike Point II of the brief of the respondents-appellants on the ground that it constitutes an impermissible sur-reply.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof.
RITTER, J.P., MILLER, McCARTHY and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court