| Klee v Americas Best Bottling Co., Inc. |
| Motion No: 2009-11730 |
| Slip Opinion No: 2010 NY Slip Op 68898(U) |
| Decided on April 20, 2010 |
| 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
M101524
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2009-11730 Lewis Klee, appellant, v Americas Best Bottling Co., Inc., et al., respondents. (Index No. 17028/07)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 27, 2009, on the ground that the appeal is academic based on the doctrine of accord and satisfaction.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the respondents' time to serve and file a brief is enlarged until May 19, 2010, and the respondents' brief must be served and filed on or before that date.
DILLON, J.P., BALKIN, LOTT and SGROI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court