Neiman Nix and DNA Sports Performance v Major League Baseball etc. et al.

Motion No: M-7044

Slip Opinion No: 2019 NYSlipOp 82323(U)

Decided on October 22, 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 22, 2019

Neiman Nix and DNA Sports Performance

Lab, Inc.,

Plaintiffs-Appellants,

v

Major League Baseball, etc., et al.,

Defendants-Respondents.

Appeals having been taken from a judgment of the Supreme Court, New York County, entered on or about June 22, 2018 and from an order of the same Court, entered on or about December 31, 2018, And defendants-respondents having moved to dismiss the aforesaid appeals, 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 appeals are dismissed. ENTERED: OCTOBER 22, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Peter Tom Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-7044

Index No. 159953/16