Opinion
October 4, 1999
DECISION ORDER
ON MOTION
Motion by the plaintiff-respondent on an appeal from an order of the Supreme Court, Kings County, entered June 19, 1998, to strike Point I of the brief of the defendants third-party plaintiffs on the ground that the defendants third-party plaintiffs are precluded from raising arguments in opposition to relief granted to the plaintiff-respondent because they did not file a notice of appeal from the order. By decision and order on motion of this court, dated May 5, 1999, the motion was held in abeyance and referred to the Justices hearing the appeal for determination upon the argument or submission of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the motion is granted, and Point I of the brief of the defendants third-party plaintiffs is stricken and has not been considered by this court.
BRACKEN, J.P., SANTUCCI, GOLDSTEIN, and McGINITY, JJ., concur.