Opinion
Motion No: M-2503
06-18-2019
161 Ludlow Food, LLC doing business as No Fun, Plaintiff-Appellant, v. L.E.S. Dwellers, Inc. formerly known as Diem, Inc. and Diem Boyd, Defendants-Respondents.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 24, 2018, and the appeal having been perfected and adjourned to the September 2019 Term by order of a Justice of this Court dated May 20, 2019, And plaintiff-appellant having moved for leave to correct the record on appeal and to submit an amended brief, substituting an amended version of pages 4-15 of the filed brief for the sole purpose of correcting errant citations therein to the record on appeal,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 deeming plaintiff-appellant's brief stricken, and directing plaintiff to file a new appellate brief for the sole purpose of correcting the citation errors on pages 4-15, on or before July 8, 2019, for the September 2019 Term; and It is further ordered that defendants-respondents are granted leave to file a new respondent's brief, if so advised, on or before August 7, 2019, and plaintiff-appellant is granted leave to file a new reply brief, if so advised, on or before August 16, 2019. The Clerk of the Court is hereby directed to maintain the appeal on this Court's calendar for the September 2019 Term.
ENTERED: June 18, 2019
__________ CLERK
Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Peter Tom Ellen Gesmer Peter H. Moulton, Justices
M-2503
Index No. 153500/16