Bin Gu v Palm Beach Tan, Inc.
Motion No: 2010-04228
Slip Opinion No: 2010 NY Slip Op 77073(U)
Decided on July 15, 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

M105746

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-04228

Bin Gu, plaintiff, v Palm Beach Tan, Inc.,

et al., defendants, Contemporary Environmental

Management, etc., et al., defendants-respondents,

RD Management, LLC, et al., defendants-appellants

(and third-party actions).

(Index No. 1032/07)

DECISION & ORDER ON MOTION

Appeal by RD Management, LLC, and FB Mt. Kisco Owner, LLC, from an order of the Supreme Court, Queens County, dated November 16, 2009.

On the Court's own motion, it is

ORDERED that the appeal is dismissed, without costs or disbursements, as the portion of the order appealed from did not determine that branch of the appellants' motion on the issue of contractual and common law indemnification which remains pending and undecided before the Supreme Court, Queens County (see Katz v Katz, 68 AD2d 536).

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court