| Wilson v Kimco Realty Corporation |
| Motion No: 2017-02984 |
| Slip Opinion No: 2018 NY Slip Op 73412(U) |
| Decided on May 24, 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. |
Appellate Division: Second Judicial Department
M250565
E/sl
JOHN M. LEVENTHAL, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
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2017-02984, 2017-09355 Wanda Wilson, et al., plaintiffs-respondents, v Kimco Realty Corporation, et al., defendants third-party plaintiffs-respondents-appellants, Mayne Construction of Long Island, Inc., defendant- respondent; Maple Dining of Centereach, Inc., third-party defendant-appellant-respondent. (Index No. 38423/12)
| DECISION & ORDER ON MOTION |
Motion by the third-party defendant-appellant-respondent to strike the reply brief filed by the defendants third-party plaintiffs-respondents-appellants, or stated portions thereof, on an appeal from an order of the Supreme Court, Suffolk County, dated January 25, 2017, and an appeal and a cross appeal from an order of the same court dated July 19, 2017, on the ground that they improperly raise arguments in sur-reply.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof.
LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court