| MICHAEL REW V VALEO, INC. AND VALEO ENGINE COOLING, INC. VALEO, INC., - V DIVERSIFIED ERECTION SERVICES, INC., -. |
| Motion No: CA 11-00985 |
| Slip Opinion No: 2011 NY Slip Op 88111(U) |
| Decided on October 26, 2011 |
| 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, FAHEY, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 11-00985
| MICHAEL REW, PLAINTIFF-RESPONDENT, V VALEO, INC. AND VALEO
ENGINE COOLING, INC., DEFENDANTS. VALEO, INC., THIRD-PARTY PLAINTIFF-RESPONDENT, V DIVERSIFIED ERECTION SERVICES,
INC., THIRD-PARTY DEFENDANT-APPELLANT. |
Defendant/third-party plaintiff having moved to strike portions of third-party defendant-appellant's reply brief or, in the alternative, for permission to file and serve a surreply brief and/or to supplement the record on the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Niagara, on December 22, 2010,
Now, upon reading and filing the affidavits of William D. Christ, Esq., sworn to September 23, 2011, and October 6, 2011, the notice of motion with proof of service thereof, and the affidavit of Wendy A. Scott, Esq., sworn to October 3, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 26, 2011
Patricia L. Morgan, Clerk