| Wilson v City of New York |
| Motion No: 2011-10741 |
| Slip Opinion No: 2012 NY Slip Op 64637(U) |
| Decided on February 16, 2012 |
| 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
M133160
E/sl
MARK C. DILLON, J.P.
ANITA R. FLORIO
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2011-10741 Donna Wilson, appellant, v City of New York, defendant third-party plaintiff-respondent; Verizon New York, Inc., third-party defendant/ fourth-party plaintiff-respondent; S. DiFazio and Sons Construction, Inc., fourth-party defendant-respondent. (Index No. 49574/01)
| DECISION & ORDER ON MOTION |
Motion by fourth-party defendant-respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated October 18, 2011, on the ground that the issues to be raised on the appeal from the judgment are barred by the doctrine of Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and the appeal is dismissed, without costs or disbursements.
DILLON, J.P., FLORIO, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court