Opinion
Motion No: 2011-04685 Index No. 7699/09M126266
09-23-2011
Danny Delvalle, plaintiff-respondent, v. Mercedes Benz USA, LLC, et al., defendants third-party plaintiffs-appellants; Chetum Singh, et al., third-party defendants, Louis A. Remond, et al., third-party defendants-respondents.
, J.P.
ANITA R. FLORIO
RANDALL T. ENG
SANDRA L. SGROI, JJ.
DECISION & ORDER ON MOTION
Motion by Chetum Singh and Ramjit Singh, inter alia, to dismiss an appeal from so much of an order of the Supreme Court, Kings County, dated March 11, 2011, as granted their motion for summary judgment dismissing the third-party complaint insofar as asserted against them. Application by Chetum Singh and Ramjit Singh pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. Separate application by the defendants third-party plaintiffs-appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that the appeal from so much of the order dated March 11, 2011, as granted the motion by Chetum Singh and Ramjit Singh for summary judgment dismissing the third-party complaint insofar as asserted against them is dismissed (see CPLR 5511), without costs or disbursements, and it is further;
ORDERED that the brief of the defendants third-party plaintiffs-appellants is stricken, and on or before October 24, 2011, the defendants third-party plaintiffs-appellants may serve and file a replacement brief that does not raise arguments concerning the motion by Chetum Singh and Ramjit Singh for summary judgment dismissing the third-party complaint insofar as asserted against them; and it is further;
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the applications are denied as unnecessary.
MASTRO, J.P., FLORIO, ENG and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court