| Valco Building and Maintenance Supplies Corp. v Werwaiss & Co., Inc. |
| Motion No: 2018-12325 |
| Slip Opinion No: 2018 NY Slip Op 87168(U) |
| Decided on October 26, 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
M256869
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2018-12325
Valco Building and Maintenance Supplies Corp., appellant, Werwaiss & Co., Inc., et al., respondents, et al., defendants. (Index No. 703938/14)
| ORDER TO SHOW CAUSE |
Appeal from a decision and order (one paper) of the Supreme Court, Queens County, dated August 24, 2018.
On the Court's own motion, it is
ORDERED that the parties to the appeal are directed to show cause why the appeal should or should not be dismissed on the ground that no appeal lies as of right from so much of the decision and order as denied the motion to dismiss, denied the motion for the application of the setoff doctrine, and denied "[a]ll other trial motions" as those portions of the decision and order were not the result of a motion made on notice and leave to appeal has not been granted (see CPLR 5701), and the remainder of the decision and order constitutes a decision from which no appeal lies (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by filing an affirmation or affidavit on that issue with the Clerk of this Court on or before November 19, 2018; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on the parties to the appeal by regular mail.
SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court