Annmarie Prunella v Empire City Subway Company et al.

Motion No: M-4424

Slip Opinion No: 2017 NYSlipOp 90194(U)

Decided on October 24, 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 24, 2017

Annmarie Prunella,

Plaintiff-Appellant,

v

Empire City Subway Company, et al.,

Defendants-Respondents,

-and-

Consolidated Edison Company of New York,

et al.

Defendants.

An appeal having been taken from an order of the Supreme Court, New York county, entered on or about June 21, 2016, and said appeal having been perfected,And defendant Empire City Subway Company ("Empire City") having moved to strike the respondent's brief filed by the City of New York, 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 addressing Empire City's claims at oral argument.ENTERED: October 24, 2017

_____________________ CLERK

PRESENT:Hon. Richard T. Andrias, Justice Presiding,Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh,Justices

M-4424

Index No. 111103/09