Evelyn Rodriguez v Joseph Kalata et al.

Motion No: M-7023

Slip Opinion No: 2019 NYSlipOp 81361(U)

Decided on October 10, 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.

October 10, 2019

Evelyn Rodriguez,

Plaintiff-Respondent,

v

Joseph Kalata, et al.,

Defendants-Appellants.

An appeal having been taken to this Court from the order and judgment of the Supreme Court, New York County, entered on or about August 6, 2019,And plaintiff-respondent having moved to dismiss the appeal upon the ground that all material issues raised on this appeal were resolved by this Court's decision entered on June 18, 2019,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 denied, without prejudice to plaintiff-respondent addressing such issues directly on appeal. Plaintiff-respondent's request for oral argument on this motion is denied. ENTERED: October 10, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Peter Tom Ellen Gesmer Jeffrey K. Oing,Justices

M-7023

Index No. 100718/16