Mount Sinai Hospital v Dust Transit, Inc.
Motion No: 2011-10406
Slip Opinion No: 2013 NY Slip Op 73778(U)
Decided on May 15, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M156348

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2011-10406

Mount Sinai Hospital, etc., respondent,

v Dust Transit, Inc., appellant.

(Index No. 10715/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered October 13, 2011, on the grounds that the appeal is barred by the doctrine of res judicata and collateral estoppel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court