| Richards v Passarelli |
| Motion No: 2008-09949 |
| Slip Opinion No: 2010 NY Slip Op 78189(U) |
| Decided on July 28, 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
M106256
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SHERI S. ROMAN, JJ.
|
2008-09949 Margaret Richards, plaintiff-respondent, v Guido Passarelli, et al., defendants third-party plaintiffs-respondents, Arrow Line Striping, Inc., defendant third-party defendant-appellant, Calvanico Associates, Inc., defendant second third-party defendant-respondent, et al., defendant (and a third party action). (Index No. 100417/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike the plaintiff-respondent's brief on an appeal from an order of the Supreme Court, Richmond County, dated September 12, 2008, on the ground that it improperly raises arguments for the first time on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied without prejudice to renew upon proof of proper service on the respondents.
SKELOS, J.P., FLORIO, ENG and ROMAN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court