| Sossa v Kellogg Sales Company |
| Motion No: 2011-09228 |
| Slip Opinion No: 2011 NY Slip Op 87591(U) |
| Decided on October 24, 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
M127756
E/ct
ANITA R. FLORIO, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
|
2011-09228 Adan Sossa, et al., plaintiffs, v Kellogg Sales Company, et al., defendants. (Index No. 12043/09)
| DECISION & ORDER ON MOTION |
Motion by the plaintiffs for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated October 6, 2011, and, in effect, for summary reversal or to direct the Supreme Court, Kings County, to immediately decide their underlying motion to strike the defendants' answer.
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 for leave to appeal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court