Opinion
Motion No. 2022-04327 Index No. 156069/20Case No. 2022-01489
02-07-2023
Myles Davis, as Administrator of the Estate of Madison Jane Lyden, Plaintiff-Respondent, v. Melifont Construction Corp. and Felipe D. Chairez, Defendants-Appellants, Raiser-NY, LLC, Uber Technologies, Inc., Uber USA, LLC and Jose A. Peralta, Defendants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, David Friedman, Tanya R. Kennedy, Saliann Scarpulla, Manuel J. Mendez, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about February 08, 2022, and said appeal having been perfected, And defendant-appellant Melifont Construction Corp. having moved to strike portions of plaintiff-respondent's brief that improperly advance arguments that were not made in Supreme Court and that rely on materials not contained within the record on appeal, for an order directing plaintiff-respondent to re-file his brief excluding the stricken material, and for an extension of time to file a reply brief, 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 striking the following from plaintiff-respondent's brief: (1) on page 1, the last sentence in footnote 1; (2) on page 5, the entire paragraph beginning with the words "[specifically, Plaintiff's additional evidence…", except for the last sentence of said paragraph; (3) on page 6, the sentence beginning with the words "It also continued to deliberately retain him…" along with the remainder of that paragraph after those words; (4) beginning on page 9 and continuing through the bottom of page 14, the entirety of section "B" of the "Counterstatement of Facts and the Case"; (5) on page 19, the reference to defendant-appellant Chairez as a "criminal"; (6) on page 31, the sentence beginning with the words "In this connection, this Court should not countenance Chairez's and Mellifont's transparent efforts…" through the end of the paragraph on page 33 beginning with the words "Yet, despite knowing his propensities,"
And, it is further ordered that plaintiff-respondent is directed to file a new respondent's brief in accordance with this order on or before April 19, 2023 for the June 2023 Term of this Court, to which term the appeal is adjourned.