| ROBERT KIPP, V MARINUS HOMES, INC. GREENWAY APARTMENTS, LLC, AND CARKNER CONSTRUCTION, LLC, . |
| Motion No: CA 17-01451 |
| Slip Opinion No: 2018 NY Slip Op 62477(U) |
| Decided on January 23, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., CENTRA, CARNI, NEMOYER, AND CURRAN, JJ.
DOCKET NO. CA 17-01451
| ROBERT KIPP, PLAINTIFF-RESPONDENT-APPELLANT, V MARINUS HOMES,
INC., DEFENDANT, GREENWAY APARTMENTS, LLC, AND CARKNER CONSTRUCTION, LLC, DEFENDANTS-RESPONDENTS-APPELLANTS.
GREENWAY APARTMENTS, LLC, AND CARKNER CONSTRUCTION, LLC, THIRD-PARTY PLAINTIFFS-RESPONDENTS, V GERALD OAKLEY,
INDIVIDUALLY, AND DOING BUSINESS AS XLH CONSTRUCTION, THIRD-PARTY DEFENDANT-APPELLANT-RESPONDENT. |
Third-party defendant-appellant-respondent having moved to dismiss plaintiff-respondent-appellant's appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Oneida on April 28, 2017, or to strike plaintiff-respondent-appellant's brief filed on January 8, 2018,
Now, upon reading and filing the affidavit of Karen J. Krogman, Daum, Esq., sworn to January 11, 2018, the notice of motion with proof of service thereof, and the affirmation of Martha L. Berry, Esq., dated January 17, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: January 23, 2018
Mark W. Bennett, Clerk