Rock City Sound, Inc. v Bashian & Farber, LLP
Motion No: 2008-11146
Slip Opinion No: 2010 NY Slip Op 70832(U)
Decided on May 7, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M102507

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2008-11146

Rock City Sound, Inc., appellant-respondent,

v Bashian & Farber, LLP, et al., respondents-

appellants.

(Index No. 4525/08)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent on an appeal and cross-appeal from an order of the Supreme Court, Dutchess County, dated October 24, 2008, to dismiss the cross appeal on the ground that the respondents-appellants are estopped from maintaining the cross appeal. Cross motion by the respondents-appellants to impose a sanction upon the appellant-respondent.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion and cross motion are denied.

RIVERA, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court