M & M Realty of New York LLC et al. v the Burlington Insurance Company

Motion No: M-4320

Slip Opinion No: 2018 NYSlipOp 86168(U)

Decided on October 16, 2018

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 16, 2018

M & M Realty of New York, LLC, et al.,

Plaintiffs-Appellants-Respondents,

v

The Burlington Insurance Company,

Defendant-Respondent-Appellant,

-and-

L & M Restoration, Inc.,

Defendant.

An appeal and cross appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about July 2, 2018, and the direct appeal having been perfected, And plaintiffs-appellants-respondents having moved to strike the cross appeal upon the grounds that defendant-respondent-appellant the Burlington Insurance Company is not an aggrieved party, 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 granted and the cross appeal is dismissed, with costs to abide the appeal.ENTERED: October 16, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Peter Tom Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-4320

Index No. 153949/16