Opinion
2021-70756 Motion 2021-02505
08-26-2021
Radium2 Capital, LLC, formerly known as Radium2 Capital, Inc., Plaintiff-Respondent, v. Xtreme National Maintenance Corp. and Doreen Desilva, Defendants-Appellants, and All About Maintenance Inc., Absolute Facility Maintenance, LLC and Joseph DeSilva, Defendants. Index No. 158086/19 Case No. 2020-04562
Unpublished Opinion
MOTION DECISION
Present - Hon. Anil C. Singh, Justice Presiding, Lizbeth González Tanya R. Kennedy Saliann Scarpulla Martin Shulman, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 05, 2020, and said appeal having been perfected, And plaintiff-respondent having moved, pursuant to CPLR 5526, to dismiss the appeal on the grounds that the defendants-appellants failed to file a complete record, 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 that the defendants-appellants are directed, at their own expense, to file a supplemental record containing all of the documents omitted from their initial record on appeal, including the exhibits to the complaint, to wit: (1) the merchant cash agreement; (2) the affidavit of confession of judgment of AAM, AFM, and Joseph; and (3) the judgment entered in favor of plaintiff against AAM, AFM, and Joseph, that was submitted to the Supreme Court in connection with the motion to dismiss the complaint. The perfected appeal is, sua sponte, adjourned to the January 2022 Term, with a filing deadline for the supplemental record of November 8, 2021.