| Urizar v Salmar Properties, LLC |
| Motion No: 2016-02537 |
| Slip Opinion No: 2016 NY Slip Op 70035(U) |
| Decided on April 11, 2016 |
| 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
M209692
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2016-02537 Esvin Y. Urizar, plaintiff, v Salmar Properties, LLC, et al., defendants third-party plaintiffs-respondents; Controlled Dismantling Corp., third-party defendant; R. Sanfilippo & Associates, Inc., et al., nonparty- appellants. (Index No. 16233/12)
| DECISION & ORDER ON MOTION |
Motion by Controlled Dismantling Corp. to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 3, 2015, on the ground that the appeal is frivolous and to direct the nonparty-appellants to comply with a certain subpoena within three days.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
AUSTIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court