Ellison v Chartis Claims, Inc.
Motion No: 2016-12309
Slip Opinion No: 2020 NY Slip Op 76809(U)
Decided on December 30, 2020
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

M274809

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2016-12309

John B. Ellison, appellant,

v Chartis Claims, Inc., et al., respondents.

(Index No. 502167/2012)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 23, 2016, which was determined by decision and order of this Court dated December 4, 2019. Motion by the appellant, inter alia, to vacate the decision and order of this Court dated December 4, 2019, and to remit the matter to the Supreme Court, Kings County, to make a determination regarding a counterclaim of the respondent Chartis Claims, Inc.

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

ORDERED that the branch of the motion which is to remit the matter to the Supreme Court, Kings County, to make a determination regarding a counterclaim of the respondent Chartis Claims, Inc., is denied without prejudice to seeking appropriate relief in the Supreme Court, Kings County; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court