Opinion
Motion No. 2023-03505 Index No. 21071/18ECase No. 2022-05761
09-07-2023
Mary Elena Brown, Plaintiff-Respondent, v. Window King LLC, Wilson Rivera, and Frank Crea, Defendants-Respondents, Stillman Management Inc., Defendant-Appellant. Stillman Management Inc., Third-Party Plaintiff-Appellant, v. Frank Crea, Third-Party Defendant-Respondent. [And Second and Third Third-Party Actions]
Unpublished Opinion
MOTION DECISION
Present - Hon. Anil C. Singh, Justice Presiding, Lizbeth González, Tanya R. Kennedy, Julio Rodriguez, III Bahaati E. Pitt-Burke, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about November 16, 2022, and said appeal having been perfected, And defendant-respondent/second third-party plaintiff-respondent Window King LLC having moved for an order striking those portions of plaintiff-respondent's brief explicitly or implicitly arguing that Window King is liable to plaintiff for the subject accident,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of (a) striking the following passages in plaintiff-respondent's brief: (1) the entire sentence on page 1 beginning with "As also shown below"; (2) the reference to Window King's liability in the first sentence of the second paragraph on page 2 and, in the same paragraph, the sentence beginning with "Nicholas Ferraro, Window King's president, testified…"; (3) the clause in the first two lines of page 3 beginning with "she said nothing about Window King's negligence…"; (4) the entire first full paragraph on page 3 beginning with "As shown in Point I below…"; (5) the entirety of page 4; (6) the first sentence in the "Statement of Facts" on page 6 beginning with "Ms. Brown was injured…"; (7) the last sentence of the first full paragraph on page 6 beginning with the words "But she granted summary judgment to Window King…"; (8) the entirety of the second full paragraph on page 7 beginning with "In her bill of particulars to Window King and Mr. Rivera…"; (9) the entire section heading on page 8 beginning with "The screwdriver was dropped by a laborer installing windows…"; (10) all of the material beginning on page 9 with the sentence that begins "He also testified that he was paid in cash by Mr. Herrera…" through the end of page 10; (11) all of the material beginning with the heading on page 13 beginning "Justice Tuitt denied Stillman summary judgment…" through the end of the paragraph beginning on page 13 with the words "Window King moved for summary judgment" and continuing on page 14; (12) the last sentence of the first full paragraph on page 16, beginning with "As shown below, Stillman has identified issues of fact on Window King's liability…"; (13) the entirety of section I of the Argument section, beginning on page 16 through the end of page 25; and (14) the portion of the conclusion on page 34 stating "and reversing the order as to Window King"; and (b) directing plaintiff-respondent to file a corrected Respondent's Brief in accordance with the schedule for the December 2023 Term of this Court, to which term the appeal is adjourned.