Opinion
Motion No. 2022-04202 Index No. 653357/11Case No. 2021-04782
12-15-2022
Cortlandt Street Recovery Corp., Plaintiff, v. David Bonderman, et al., Defendants, Wilmington Trust Company, As Trustee, Plaintiff-Respondent-Appellant, Giancarlo Aliberti, Matthias Calice, TPG Capital, L.P., TPG Capital - New York, Inc., TPG Partners IV, L.P., TPG Advisors IV, Inc., TPG Genpar IV, L.P., TPG Advisors II, Inc., T3 Genpar II, L.P., T3 Partners II, L.P., T3 Parallel II, L.P., and Apax Partners, L.P., Defendants-Appellants-Respondents.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta,, Presiding Justice David Friedman, Lizbeth González, Tanya R. Kennedy, John R. Higgitt, Justices.
An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 15, 2021, and said appeal and cross appeal having been perfected, And defendants-appellants-respondents having moved to strike Point I of plaintiff-respondent-appellant's reply brief on the grounds that it raises arguments for the first time and constitutes an improper sur-reply, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that the motion is granted to the extent of striking the following portions of plaintiff-respondent-appellant's reply brief: (1) the second sentence in the Preliminary Statement, beginning with "Defendants cannot overcome…"; (2) the entire first paragraph under Point 1 on page 2, including footnote 3; (3) the first paragraph of Section 1, pages 3-5, including footnotes 4-6, except the final two sentences in this section beginning "Moreover…"; (4) the first sentence of the first full paragraph on page 5; (5) the first sentence on page 7; and (6) the last paragraph of page 7, including footnote 7.