| Westchester Modular Homes Construction Corp. v Berry |
| Motion No: 2012-03865 |
| Slip Opinion No: 2012 NY Slip Op 85294(U) |
| Decided on September 25, 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
M143929
S/ct
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2012-03865, 2012-03867, 2012-03868 Weschester Modular Homes Construction Corp., plaintiff third-party defendant respondent- appellant, v David Berry, defendant third-party plaintiff appellant-respondent; Westchester Modular Erections, Inc., third-party defendant respondent-appellant. (Index No. 2902/08)
| DECISION & ORDER ON MOTION |
Appeals and cross appeals from a clerk's extract of the minutes of a jury verdict of the Supreme Court, Kings County, dated December 16, 2011, and two judgments of the same court both dated February 14, 2012.
On the Court's own motion, it is
ORDERED that the appeal and cross appeal from the clerk's extract of the minutes of a jury verdict pending under Appellate Division Docket No. 2012-03868 is dismissed, without costs or disbursements, as no appeal lies from a clerk's extract of the minutes of a jury verdict (see CPLR 5512[a]; Rockman v Brosnan, 280 AD2d 591).
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court