| Fusaro v Resnick Eighth Avenue Associates |
| Motion No: 2011-05380 |
| Slip Opinion No: 2011 NY Slip Op 86929(U) |
| Decided on October 18, 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
M127421
E/sl
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
|
2011-05380 Joanne Fusaro, appellant, v Resnick Eighth Avenue Associates, defendant-respondent, Equity Office Properties Management Corp., et al., defendants third-party plaintiffs-respondents; Schindler Elevator Corporation, third-party defendant-respondent. (Index No. 22667/02)
| DECISION & ORDER ON MOTION |
Separate motions by the defendants third-party plaintiffs-respondents and the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 4, 2011, as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition or in relation thereto, it is
ORDERED that the motion is denied (see Matter of Oliver v City of New York, 76 AD3d 1017; Nagin v Long Is. Sav. Bank, 94 AD2d 710).
MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court