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Aventine Invest. Mgt. v. Canadian Impl. Bank [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
697 N.Y.S.2d 518 (N.Y. App. Div. 1999)

Opinion

Submitted September 16, 1999

October 25, 1999


DECISION ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, dated June 30, 1998, and December 23, 1998, respectively, inter alia, to strike pages 96-148 and 397-402 of the record on the appeals and all references thereto in the appellant's brief, on the ground that they contain and refer to matters dehors the record. Cross motion by the appellant to impose sanctions, costs, and attorneys' fees upon the respondent on the grounds that the motion is unsupported in law or fact and is intended to harass the appellant. By decision and order on motion of this court dated April 12, 1999, the motion and cross motion were held in abeyance and referred to the panel of Justices hearing the appeals for determination. Upon the papers filed in support of the motion and cross motion and the papers filed in opposition and relation thereto, and upon the submission of the appeals, it is

ORDERED that the motion is granted to the extent of striking pages 397-402 of the record and all references thereto in the appellant's brief; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

SANTUCCI, J.P., THOMPSON, SULLIVAN, and SMITH, JJ., concur.


Summaries of

Aventine Invest. Mgt. v. Canadian Impl. Bank [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Oct 25, 1999
697 N.Y.S.2d 518 (N.Y. App. Div. 1999)
Case details for

Aventine Invest. Mgt. v. Canadian Impl. Bank [2d Dept 1999

Case Details

Full title:AVENTINE INVESTMENT MANAGEMENT, INC., respondent, v. CANADIAN IMPERIAL…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 25, 1999

Citations

697 N.Y.S.2d 518 (N.Y. App. Div. 1999)