| Baker v 40 Wall Street Holdings Corp. |
| Motion No: 2022-00215 |
| Slip Opinion No: 2023 NY Slip Op 73875(U) |
| Decided on September 25, 2023 |
| 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
M291209
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
HELEN VOUTSINAS
JANICE A. TAYLOR, JJ.
|
2022-00215 Lola Joseph Baker, appellant, v 40 Wall Street Holdings Corp., et al., respondents (and a third-party action). (Index No. 513153/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated January 5, 2022. Motion by the appellant to strike the respondents' brief on the ground that it raises certain arguments 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court