Eric Rowe v Strike Force of New Jersey Inc.

Motion No: M-1059

Slip Opinion No: 2020 NYSlipOp 65600(U)

Decided on April 23, 2020

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.

April 23, 2020

Eric Rowe,

Plaintiff-Respondent-Appellant,

v

Strike Force of New Jersey, Inc.,

Defendant-Appellant-Respondent,

-and-

AEG Live LLC, AEG Live Productions, LLC,

AEG Live NY, LLC, Mariel's Tours,

LLC, Mariel's Tours, Inc., and Armando

Perez, also known as Pitbull,

Defendants-Respondents.

An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 5, 2018, and the appeal having been perfected, And defendants-respondents AEG Live LLC, AEG Live Productions, LLC, and AEG Live NY, LLC, having moved pursuant to CPLR 5513 for an order dismissing plaintiff's cross appeal based on the alleged failure to timely file a notice of cross appeal, 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 cross appeal is dismissed. ENTERED: April 23, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding,Barbara R. Kapnick Troy K. Webber Lizbeth GonzÁlez, Justices

M-1059

Index No. 155902/12