2007 Foster, LLC v Christopher Masters & Eric Britt
Motion No: 2016-00348 KC
Slip Opinion No: 2016 NY Slip Op 67349(U)
Decided on March 10, 2016
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2016-348 K C
2007 Foster, LLC, Respondent, v Christopher Masters and Eric Britt, Appellants.

Appeal from an order of the Civil Court of the City of New York, Kings County, entered March 6, 2015. The order partially granted respondent's motion to strike appellants' affirmative defense and counterclaim of rent overcharge. By order dated May 19, 2015, the proceeding and, in effect, the counterclaims were discontinued.

On the court's own motion, it is

ORDERED that the appeal is dismissed (see Livny v Rotella, 305 AD2d 377 [2003]).

ENTER:

Paul Kenny

Chief Clerk