| Banik v Evy Realty, LLC |
| Motion No: 2010-09425 |
| Slip Opinion No: 2011 NY Slip Op 66518(U) |
| Decided on March 10, 2011 |
| 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
M116806
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
JOHN M. LEVENTHAL
SHERI S. ROMAN, JJ.
|
2010-09425 Alaka Banik, et al., plaintiffs-respondents, v Evy Realty, LLC, defendant third-party plaintiff-appellant, et al., defendant; United National Specialty Insurance Company, et al., third-party defendants- respondents. (Index No. 3456/06)
| DECISION & ORDER ON MOTION |
Motion by Evy Realty, LLC, on an appeal from an order of the Supreme Court, Kings County, dated August 4, 2010, to strike stated portions of the brief of United National Specialty Insurance Company on the ground that the material "relate[s] to issues wholly unrelated to the issues involved in th[e] appeal," to impose a sanction upon United National Specialty Insurance Company, and for an award of an attorney's fee.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the brief of United National Specialty Insurance Company is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., SKELOS, LEVENTHAL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court