Opinion
2021-73860 Motion 2021-03461 2021-03514
10-28-2021
2497 Realty Corp., Plaintiff-Appellant, v. Rodolfo Fuertes, Jonathan Abad, 2497 Partner LLC and 145th Street Property Investor, LLC, Defendants-Respondents. Index No. 151947/14 No. 2021-01245
Unpublished Opinion
MOTION DECISION
Present - Hon. Judith J. Gische, Justice Presiding, Barbara R. Kapnick Jeffrey K. Oing Tanya R. Kennedy John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 09, 2020; and said appeal having been perfected (Case No. 2021-01245), And defendants-respondents having moved, pursuant to CPLR 5517 and 5526, for leave to supplement the record on appeal with Supreme Court's decisions, entered on or about January 22, 2021 and February 2, 2021, on plaintiff's motion to reargue, and the corresponding notice of appeal relating to those orders (Case No. 2021-02494), or alternatively, for this Court to take judicial notice of same so that defendants-respondents may reference those documents in their responsive briefs (M-2021-03461), And plaintiff-appellant having cross-moved for leave to supplement the record on appeal with (a) Supreme Court's decision and order dated January 22, 2021 denying plaintiff's motion for reargument [NYSCEF Doc. No. 113]; (b) the transcript of Supreme Court's January 22, 2021 hearing and oral decision made on plaintiff's motion for reargument [NYSCEF Doc. No. 114]; (c) plaintiff's notice of appeal, dated April 13, 2021 [NYSCEF Doc. No. 117]; (d) plaintiff's motion for reargument, dated December 8, 2020, and the supporting and reply papers filed by plaintiff as part thereof [NYSCEF Doc. Nos. 84-89 and 108-109]; and (e) defendants' papers filed in opposition to plaintiff's motion for reargument [NYSCEF Doc. Nos. 93-107] and, upon supplementing the record, to consolidate this appeal with the appeals taken from the aforesaid reargument orders, and to deem this appeal to be an appeal from both the November 9, 2020 order and the reargument orders (M-2021-03514),
Now, upon reading and filing the papers with respect to the motion and cross-motion, and due deliberation having been had thereon, It is ordered that the motion and cross-motion are granted to the extent of permitting plaintiff-appellant, at its own expense, to file a supplemental record containing the requested twenty-six (26) NYSCEF Documents. Sua sponte, the dismissal of the related appeal under Case No. 2021-02494 is vacated, the appeal reinstated, and the perfected appeal is adjourned to the February 2022 Term of this Court.