Spira v Carnival Corp.

[*1] Spira v Carnival Corp. 2009 NY Slip Op 51172(U) [23 Misc 3d 147(A)] Decided on June 10, 2009 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on June 10, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McKeon, P.J., Schoenfeld, Heitler, JJ
570184/09.

Robert A. Spira, Plaintiff-Respondent,

against

Carnival Corporation, Defendant-Appellant.

Defendant, as limited by its brief, appeals from that portion of an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated February 28, 2007, which denied its cross motion to dismiss the complaint.

Per Curiam.
Order (Jeffrey K. Oing, J.), dated February 28, 2007, reversed, with $10 costs, motion granted and complaint dismissed. (See Spira v Carnival Corp., appeal numbered 09-113, decided herewith.)

THIS CONSTITUTES THE ORDER OF THE COURT.
I concur I concurI concur
Decision Date: June 10, 2009