In re PepsiCola Bottling Company v New York PepsiCola Distributors Association Inc.

Motion No: M-2994

Slip Opinion No: 2019 NYSlipOp 78070(U)

Decided on August 27, 2019

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.

August 27, 2019

In re Pepsi-Cola Bottling Company

of New York, Inc.,

Petitioner-Appellant,

v

New York Pepsi-Cola Distributors

Association, Inc.,

Respondent-Respondent,

A.J.A. Beverage Distributors,

Inc., et al.,

Respondents.

Petitioner-appellant having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on May 16, 2019 (Appeal No. 9343N), and respondents having requested an award of costs based upon petitioner's motion being without merit, 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, and respondent's request for costs, are denied. ENTERED: AUGUST 27, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Ellen Gesmer Anil C. Singh Peter H. Moulton, Justices

M-2994

Index No. 652209/18