CURRADO v. WALDBAUM, INC., 2002-03127 [2d Dept 2003

Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is

ORDERED that the branch of the motion which is to strike Point II of the brief of the third-party defendant is denied as academic in light of our determination of the appeal.

PRUDENTI, P.J., FEUERSTEIN, McGINITY and H. MILLER, JJ., concur.