Opinion
Motion No. 2024-01284 Index No. 152381/20No. 2024-00398
04-11-2024
Campbell Design & Construction Inc., Plaintiff-Appellant-Respondent, v. 49 Prince LLC, The Besen Group LLC and Westchester Fire Insurance Company, Defendants-Respondents-Appellants, Bruce Supply Corp., et al., Defendants.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Saliann Scarpulla Martin Shulman Llinét M. Rosado Marsha D. Michael, Justices.
An appeal and cross-appeal having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about December 26, 2023, and said appeal having been perfected, And plaintiff-appellant-respondent having moved pursuant to NYCRR 1250.9(f)(1)(ii) to compel defendants-respondents-appellants to pay their equal share of the costs of the joint record on appeal and the trial transcripts, or, in the alternative, to strike defendants' notice of appeal, and for a preference in the hearing of the appeal for the June 2024 Term of this Court, 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 directing defendants-respondents-appellants to comply with NYCRR 1250.9(f)(1)(ii) with respect to filing of the joint record on appeal and cost-sharing thereof; the branch of the motion for an appellate calendar preference is denied.