| J.N.K. MACHINE CORPORATION V TBW, LTD., WOOLSCHLAGER, INC. AND BERNARD C. WOOLSCHLAGER |
| Motion No: CA 10-01282 |
| Slip Opinion No: 2010 NY Slip Op 90838(U) |
| Decided on December 15, 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: SCUDDER, P. J., CENTRA, CARNI, SCONIERS, AND GORSKI, JJ.
DOCKET NO. CA 10-01282
| J.N.K. MACHINE CORPORATION, PLAINTIFF-RESPONDENT, V TBW, LTD.,
WOOLSCHLAGER, INC. AND BERNARD C. WOOLSCHLAGER, DEFENDANTS-APPELLANTS. |
Respondent having moved to strike subsection (k) contained on pages 12 to 13 of appellants' reply brief on the appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Chautauqua on November 19, 2009,
Now, upon reading and filing the affidavits of Brian D. Gwitt, Esq. sworn to October 7, 2010, and October 19, 2010, the notice of motion with proof of service thereof, and the affidavit of Paul V. Webb, Jr., Esq. sworn to October 12, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted.
Entered: December 15, 2010
Patricia L. Morgan, Clerk