| Stock v Morizzo |
| Motion No: 2009-07640 |
| Slip Opinion No: 2009 NY Slip Op 91960(U) |
| Decided on December 21, 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
M94257
E/sl
STEVEN W. FISHER, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2009-07640 Katherine Stock, et al., plaintiffs, v Nichol Morizzo, etc., et al., defendants, Mr. Beauty Equipment, Ltd., defendant third third-party plaintiff-appellant; Pemco, Inc., third third-party defendant-respondent (and other titles). (Index No. 16290-03)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs on an appeal from a judgment of the Supreme Court, Suffolk County, entered July 2, 2009, to dismiss so much of the appeal as seeks reversal of the denial of that branch of the appellant's motion which was for summary judgment dismissing the complaint.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied as unnecessary as the judgment entered July 2, 2009, does not bring up for review so much of an order of the same court dated June 1, 2009, as denied that branch of the appellant's motion which was for summary judgment dismissing the complaint (see CPLR 5501[a]).
FISHER, J.P., SANTUCCI, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court