| Drive New Jersey Insurance Company v RT Hospitality Group, LLC |
| Motion No: 2022-05367 |
| Slip Opinion No: 2023 NY Slip Op 75545(U) |
| Decided on October 23, 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
M291786
AFA/
JOSEPH J. MALTESE, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
LAURENCE L. LOVE, JJ.
|
2022-05367 Drive New Jersey Insurance Company, plaintiff, Drive New Jersey Insurance Company, etc., respondent, v RT Hospitality Group, LLC, etc., appellant. (Index No. 717279/2021)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated June 8, 2022. Motion by the appellant to strike stated portions of the respondent's brief on the ground that they raise 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.
MALTESE, J.P., CHRISTOPHER, FORD and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court