Kahan v Wakefern Food Corp.
Motion No: 2017-09788
Slip Opinion No: 2018 NY Slip Op 62712(U)
Decided on January 31, 2018
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

M245453

E/rr

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2017-09788

Eva Kahan, et al., appellants, v Wakefern

Food Corp., et al., respondents.

(Index No. 3036/13)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated September 8, 2017, on the ground that the judgment is "non-appealable", or, in the alternative, to declare that the judgment does not bring a certain order of the same court up for review.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied.

LEVENTHAL, J.P., COHEN, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court