Opinion
2022-60538 Motion 2021-04103
01-18-2022
William Wolin and Jodi Wolin, Plaintiffs-Appellants, v. Tri Star Construction Corp. and AXA Financial, Inc., Defendants-Respondents, 1285, LLC and Jones Lang LaSalle, IP, Inc., Defendants. Tri Star Construction Corp., Third-Party Plaintiff-Respondent, v. Kaback Enterprises, Inc., Third-Party Defendant-Respondent. CBRE, Inc. and 787 Holdings, LLC, Non-Party-Respondents. Index Nos. 160122/15, 595145/17 Case No. 2021-01317
Unpublished Opinion
Present - Hon. Dianne T. Renwick, Justice Presiding, David Friedman, Anil C. Singh, Peter H. Moulton, Julio Rodriguez III, Justices.
MOTION DECISION
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 22, 2020, and said appeal having been perfected, And third-party defendant-respondent Kaback Enterprises, Inc., having moved to dismiss the appeal due to plaintiffs-appellants' failure to file a complete record on appeal in compliance with 22 NYCRR 1250.6 and CPLR 5526, or in the alternative, to direct plaintiffs-appellants to file a supplemental record, by a date certain, which contains the materials allegedly omitted from the current record, and to adjourn the appeal to the Term following plaintiff's filing of the supplemental 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 plaintiffs-appellants are directed to file a supplemental record containing the omitted materials, including the transcript of oral argument held on or about September 21, 2020, and the opposition papers filed by 787 Holdings, LLC, (NYSCEF Document Nos. 237 and 242), by February 22, 2022; the appeal is, sua sponte, adjourned to the May 2022 Term of this Court. The motion is otherwise denied.