Sullivan v New York Athletic Club of City of New York
Motion No: 2016-07473
Slip Opinion No: 2017 NY Slip Op 74121(U)
Decided on May 17, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M230977

E/afa

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2016-07473

John Sullivan, plaintiff-respondent-appellant,

v New York Athletic Club of City of New York,

defendant third-party plaintiff, Talisen Construction

Corporation, defendant-appellant-respondent;

Premier Woodcraft, Ltd., third-party defendant-

respondent.

(Index No. 702984/12)

DECISION & ORDER ON MOTION

Motion by Talisen Construction Corporation to strike the brief filed by New York Athletic Club of City of New York on an appeal and cross appeal from an order of the Supreme Court, Queens County, entered June 23, 2016, on the ground that New York Athletic Club of City of New York is not a party to the appeal and cross appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted and the brief filed by New York Athletic Club of City of New York is stricken.

ENG, P.J., RIVERA, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court