| Diamond v Colarusso Limousine Company, Inc. |
| Motion No: 2020-05667 |
| Slip Opinion No: 2021 NY Slip Op 75622(U) |
| Decided on December 8, 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
M280439
AFA/
REINALDO E. RIVERA, J.P.
JOSEPH J. MALTESE
ANGELA G. IANNACCI
WILLIAM G. FORD, JJ.
|
2020-05667, 2020-05672, 2020-07264 Melissa Diamond, etc., plaintiff-appellant, v Colarusso Limousine Company, Inc., et al., respondents, Matthew D. Sindone, defendant-appella (Action No. 1) Jamie Caldero, etc., plaintiff-appellant, v Colarusso Limousine Company, Inc., et al., respondents, Matthew D. Sindone, defendant-appella (Action No. 2) Allstate Insurance Company, etc., plaintiff-responden v Colarusso Limousine Company, Inc., defendant-res Matthew D. Sindone, appellant. (Action No. 3) (Index Nos. 30200/2018, 30253/2018, 33422/2018)
| DECISION & ORDER ON MOTION nt. nt. t, pondent, |
Appeals from an order of the Supreme Court, Rockland County, dated June 2, 2020, and two judgments of the same court dated June 30, 2020, and July 14, 2020, respectively. Motion by the respondent Stephen F. DeGroat to strike stated portions of the reply brief of the appellant Jamie Caldero, as fiduciary of estate of Neil Block, on the ground that they improperly raise arguments for the first time in reply.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
RIVERA, J.P., MALTESE, IANNACCI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court