Opinion
Submitted February 22, 2000.
April 20, 2000.
DECISION ORDER ON MOTION
Motion by the plaintiff on an appeal and cross appeal from a judgment of the Supreme Court, Westchester County, entered January 27 1999, to strike the entire reply brief of the defendant, or pages 4 to 9 and footnote 2 on page 4, on the ground that the arguments therein are improperly raised. By decision and order of this court dated November 24, 1999, the motion was held in abeyance and was referred to the Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and the submission of the appeal, it is
ORDERED that the motion is denied.
O'BRIEN, J.P., RITTER, SULLIVAN and SMITH, JJ., concur.