| Murphy v Westchester One, LLC |
| Motion No: 2020-08293 |
| Slip Opinion No: 2021 NY Slip Op 70499(U) |
| Decided on August 23, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M278773
MB/
MARK C. DILLON, J.P.
PAUL WOOTEN
JOSEPH A. ZAYAS
LARA J. GENOVESI, JJ.
|
2020-08293 Chandra Murphy, appellant, v Westchester One, LLC, et al., defendants, et al., defendant third-party plaintiff; Temco Service Industries, Inc., third-party defendant-respondent. (Index No. 58550/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated September 25, 2020. Motion by the third-party defendant-respondent to strike stated portions of the reply brief or, in the alternative, for leave to file a sur-reply brief.
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 strike stated portions of the reply brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is for leave to file a sur-reply brief is denied.
DILLON, J.P., WOOTEN, ZAYAS and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court