Francine Luck v Rockledge Scaffold Corp.

Motion No: M-3661

Slip Opinion No: 2017 NYSlipOp 88663(U)

Decided on October 12, 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.

October 12, 2017

Francine Luck,

Plaintiff,

v

Rockledge Scaffold Corp.,

Defendant,

-and-

Chedward Realty Corp.,

Defendant.

- - - - - - - - - - - - - - -

Rockledge Scaffold Corp.,

Third-Party Plaintiff-Respondent,

v

Statecourt Enterprises,

Third-Party Defendant-Respondent,Index No. 84132/12

-and-

GVA Williams Real Estate Co., et al.,

Third-Party Defendants-Appellants.

- - - - - - - - - - - - - - - - -

[And other actions.]

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about October 7, 2016, And plaintiff having moved to strike a certain argument from the brief filed by third-party defendants-appellants, or for other relief, 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, with leave to raise the unpreserved nature of third-party defendant-appellant's argument in an opposition brief on appeal. The perfected appeal is adjourned to February 2018 Term.ENTERED: October 12, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick,Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton,Justices

M-3661

Index No. 303132/09