White v. Grisanzio (N.Y.App.Div. 12/27/1999)

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Supreme Court12/27/1999 Argued-November 22, 1999 DECISION & ORDER In an action, inter alia, to recover damages for wrongful death, the defendants appeal from an order of the Supreme Court, Nassau County (Alpert, J.), entered December 14, 1998, which denied their motion for summary judgment dismissing the complaint. ORDERED that the order is affirmed, with costs. Under the circumstances of this case, the Supreme Court properly denied the defendants' motion for summary judgment. SANTUCCI, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur. DECISION & ORDER ON MOTION Motion by the appellants on an appeal from an order of the Supreme Court, Nassau County, entered December 14, 1998, inter alia, to strike stated portions of the respondents' brief on the ground that it raises for the first time on appeal the argument that the appellants relied on an unsigned deposition transcript in support of their motion for summary judgment. By decision and order of this court dated August 19, 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 those portions of the respondents' brief which raise the argument that the appellants relied upon an unsigned deposition transcript in support of their underlying motion for summary judgment have been stricken from the brief and have not been considered on the appeal. SANTUCCI, J.P., JOY, GOLDSTEIN, and FEUERSTEIN, JJ., concur.

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