| Smith v Cardella Trucking Co., Inc. |
| Motion No: 2011-10822 |
| Slip Opinion No: 2013 NY Slip Op 74391(U) |
| Decided on May 21, 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. |
Appellate Division: Second Judicial Department
M156638
E/sl
WILLIAM F. MASTRO, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
|
2011-10822 James Smith, et al., plaintiffs-respondents, v Cardella Trucking Co., Inc., appellant, Pierpont Morgan Library, defendant-respondent. (Index No. 32997/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to strike stated portions of the briefs filed by the plaintiffs-respondents and the defendant-respondent on an appeal from an order of the Supreme Court, Kings County, dated September 20, 2011, on the ground that they contain statements that are not supported by the record.
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., HALL, LOTT and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court