| Audi of Smithtown, Inc. v Volkswagen of America, Inc. |
| Motion No: 2011-07603 |
| Slip Opinion No: 2012 NY Slip Op 77830(U) |
| Decided on July 2, 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
M139972
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2011-07603 Audi of Smithtown, Inc., et al., respondents, v Volkswagen of America, Inc., appellant. (Index No. 12372-08)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike the addendum to the appellant's reply brief and references to the addendum in the reply brief on an appeal from an order of the Supreme Court, Suffolk County, dated May 27, 2011, or, in the alternative, for the Court to consider the arguments raised in the affirmation in support of their motion as a response to the arguments raised in the appellant's reply brief. Cross motion by the appellant for leave to annex an addendum to its reply brief.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion and the cross motion are held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
ANGIOLILLO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court