| Kelly v Circuit City Stores, Inc. |
| Motion No: 2008-01483 |
| Slip Opinion No: 2009 NY Slip Op 88224(U) |
| Decided on November 10, 2009 |
| 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
M94258
E/sl
HOWARD MILLER, J.P.
DANIEL D. ANGIOLILLO
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2008-01483 Debra A. Kelly, et al., appellants, v Circuit City Stores, Inc., defendant third-party plaintiff-respondent, CC-Investors 1997-10, defendant-respondent; E.R. Baisley Tree & Landscape, Inc., third-party defendant second third-party plaintiff-respondent; Dutchess Blacktop Sealing, Inc., etc., second third-party defendant-respondent. (Index No. 06-2140)
| DECISION & ORDER ON MOTION |
Motion by the appellants to sever an appeal from an order of the Supreme Court, Orange County, dated December 19, 2007, as it pertains to Circuit City Stores, Inc., and allow the appeal to proceed against the remaining respondents.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court