Opinion
2021-74040 Motion 2021-03277 2021-03395
11-04-2021
John Bradbury and JBMI LLC, Plaintiffs-Appellants-Respondents, v. Marc Israel, Defendant-Respondent-Appellant, MiT National Land Services LLC and Newmark Partners, L.P., Defendants-Respondents. Index No. 657478/19 No. 2021-02688
Unpublished Opinion
MOTION DECISION 1
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Troy K. Webber Anil C. Singh Lizbeth González Julio Rodriguez, III, Justices.
An appeal and a cross appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about June 22, 2021, and plaintiffs-appellants-respondents direct appeal having been perfected, And defendant-respondent-appellant having moved to strike pages A-936 through A-983 of the joint appendix, and to strike plaintiffs-appellants-respondents' brief on the ground that they address documents outside of the record of those portions of the order appealed from, or in the alternative, to strike those portions of plaintiffs' brief that refer to documents outside of the record of those portions of the order appealed from (M-2021-03277), And plaintiffs-appellants-respondents having cross-moved to conditionally strike defendant-respondent-appellant's cross-appeal (M-2021-03395), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, 2
It is ordered that defendant-respondent-appellant's motion is denied, without prejudice to raising said arguments in his responsive brief (M-2021-03277). Plaintiffs-appellants-respondents' cross motion is granted to the extent of directing defendant-respondent-appellant to pay fifty percent of the cost of the joint appendix (M-2021-03395). 3