| Nanomedicon, LLC v Research Foundation of State Univer |
| Motion No: 2013-03906 |
| Slip Opinion No: 2014 NY Slip Op 65670(U) |
| Decided on March 6, 2014 |
| 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
M170413
E/sl
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2013-03906 Nanomedicon, LLC, plaintiff-respondent, v Research Foundation of State University of New York, defendant-respondent, Pelagia-Irene Gouma, defendant third-party plaintiff-appellant; Anastasia Rigas, et al., third-party defendants- respondents.
(Index No. 36815/10)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-respondent Medicon, Inc., to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated February 25, 2013, on the ground that a determination of a prior appeal renders this appeal duplicative, or, in the alternative, on the ground that the determination of the prior appeal constituted law of the case.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
SKELOS, J.P., DICKERSON, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court