Opinion
Motion No. 2021-03732 Index No. 630/2020
08-04-2023
Unpublished Opinion
MOTION DECISION
M290386
AFA/COLLEEN D. DUFFY, J.P., VALERIE BRATHWAITE NELSON, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated December 21, 2020. Motion by the respondent to dismiss the appeal on the ground that the appellant forfeited its right to appeal from the order by participating in a subsequent arbitration proceeding.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.