Arbor Realty Funding, LLC v East 51st St. Dev. Co., LLC - T.M.J. Plumbing & Heating Corp. - Thyssenkrupp Safway, Inc.

Motion No: M-5317

Slip Opinion No: 2009 NY Slip Op 91610(U)

Decided on December 16, 2009

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 16, 2009

Arbor Realty Funding, LLC v East 51st Street Development Company, LLC - T.M.J. Plumbing & Heating Corp. - Thyssenkrupp Safway, Inc.

Leave to strike portions of record on appeal denied, without prejudice to plaintiff raising issue in respondent's brief; appeal adjourned to the February 2010 Term; Clerk directed to place appeal on calendar for first week of said February 2010 Term.

Before: Andrias, J.P., Friedman, Acosta, DeGrasse, Roman, JJ.

Motion No. M-5317