| HAHN AUTOMOTIVE WAREHOUSE, INC., V AMERICAN ZURICH INSURANCE COMPANY AND ZURICH AMERICAN INSURANCE COMPANY, . |
| Motion No: CA 10-00545 |
| Slip Opinion No: 2010 NY Slip Op 80668(U) |
| Decided on August 23, 2010 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J. P., PERADOTTO, CARNI, SCONIERS, AND GORSKI, JJ.
DOCKET NO. CA 10-00545
| HAHN AUTOMOTIVE WAREHOUSE, INC.,
PLAINTIFF-APPELLANT-RESPONDENT, V AMERICAN ZURICH INSURANCE COMPANY AND ZURICH AMERICAN INSURANCE COMPANY,
DEFENDANTS-RESPONDENTS-APPELLANTS. |
Plaintiff having moved to strike defendants' surreply brief on the cross appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on June 15, 2009, on the ground that the brief is improper,
Now, upon reading and filing the affidavit of David C. Pilato, Esq. sworn to July 27, 2010, the notice of motion with proof of service thereof, the affidavit of Michael J. Willett, Esq. sworn to August 9, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: August 23, 2010
Patricia L. Morgan, Clerk