| Perez v ZZZ Carpentry, Inc. |
| Motion No: 2022-04316 |
| Slip Opinion No: 2024 NY Slip Op 70437(U) |
| Decided on July 1, 2024 |
| 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
M297459
AFA/
ANGELA G. IANNACCI, J.P.
LARA J. GENOVESI
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2022-04316, 2022-09898 Osiel Perez, et al., respondents, v ZZZ Carpentry, Inc., defendant third-party plaintiff respondent-appellant, et al., defendant; A.R. Equipment, LLC, third-party defendant appellant-respondent. (Appeal No. 1) Osiel Perez, et al., plaintiffs, v ZZZ Carpentry, Inc., defendant third-party plaintiff-respondent, et al., defendant; A.R. Equipment, LLC, third-party defendant-appellant. (Appeal No. 2) (Index No. 510843/2019)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated May 13, 2022, and appeal from an order of the same court dated August 15, 2022. Motion by the
plaintiffs to strike stated portions of the reply brief of the appellant A.R. Equipment, LLC on the ground that they improperly raise 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 appeals and cross-appeal for determination upon the argument or submission thereof.
IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court