Doron Avgush v Jerry Fontan Inc. and Gerardo

Motion No: M-5810

Slip Opinion No: 2017 NYSlipOp 64987(U)

Decided on February 23, 2017

Appellate Division, First 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.

February 23, 2017

Doron Avgush,

Plaintiff-Appellant,

v

Jerry Fontan, Inc., and Gerardo

Fontan,

Defendants-Respondents.

Defendants-respondents having moved for dismissal of the appeal taken by plaintiff from an order of the Supreme Court, Bronx County, entered on or about August 26, 2016, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is denied without prejudice

to defendants-respondents raising their substantive arguments in their briefs on appeal. Entered: February 23, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter David B. Saxe Karla Moskowitz Barbara R. Kapnick, Justices

M-5810

Index No. 20734/12E