RSVT Holdings LLC v. Main St. Am. Assurance Co.

Full title: RSVT HOLDINGS LLC et al., Respondents, v. MAIN STREET AMERICA ASSURANCE…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Oct 15, 2015

2015 N.Y. Slip Op. 88381 (N.Y. App. Div. 2015)

Opinion

Motion No: 521419

10-15-2015

RSVT HOLDINGS LLC et al., Respondents, v. MAIN STREET AMERICA ASSURANCE COMPANY, Appellant.

Peters, P.J., Lahtinen, Rose and Clark, JJ., concur.

DECISION AND ORDER ON MOTION

Motion to strike exhibits in respondents' brief.

Cross motion to dismiss appeal.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, is

ORDERED that the motion and the cross motion are denied, without costs, and without prejudice to the issues involved being raised upon the argument of the appeal. Appellant may, on or before October 27, 2015, file and serve a supplemental appellant brief limited to the issue of whether the exhibits to respondents' brief should be stricken. Respondents may, on or before November 10, 2015, file and serve a supplemental responding brief limited to the issues of whether the exhibits to their brief should be stricken and whether the appeal should be dismissed. Appellant may, on or before November 24, 2015, file and serve a supplemental reply brief limited to the issue of whether the appeal should be dismissed.

Peters, P.J., Lahtinen, Rose and Clark, JJ., concur.

ENTER:

Robert D. Mayberger

Clerk of the Court