Gomez v 670 Merrick Road Realty Corp.
Motion No: 2018-13702
Slip Opinion No: 2019 NY Slip Op 84263(U)
Decided on November 15, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M267458

kbp/

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2018-13702, 2019-04767

Aris Gomez, appellant, v 670 Merrick

Road Realty Corp., et al., respondents.

(Index No. 604719/17)

DECISION & ORDER ON MOTION

Motion by the respondent 670 Merrick Road Realty Corp. to strike stated portions of the appellant's reply brief on appeals from two orders of the Supreme Court, Nassau County, entered November 2, 2018, and March 5, 2019, respectively, on the ground that they improperly raise an issue for the first time on appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

MASTRO, J.P., CHAMBERS, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court