Opinion
Motion No. 2023-00648 Index No. 152957/21Case No. 2021-03253
03-09-2023
Paul Fiondella, Plaintiff-Appellant, v. 345 West 70th Tenants Corp., Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Cynthia S. Kern Anil C. Singh Saliann Scarpulla John R. Higgitt, Justice Presiding, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 03, 2021, and the appeal having been perfected, And plaintiff-appellant having moved for an order striking certain portions of defendant-respondent's brief that are irrelevant and/or prejudicial, and for an extension of time to file his 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 defendant-respondent's brief: (1) page 1 in its entirety; (2) on page 2, the last paragraph in its entirety; (3) all of the material from page 4, beginning with the full citation to 595 Broadway Assocs. v Bikman, through the end of page 9; (4) on page 10, the paragraph reading "In February 2012, Bikman VII was dismissed for failure to appear by 595 Associates"; (5) on page 11, the last paragraph in its entirety; (6) on page 12, the first paragraph in its entirety; (7) on page 13, in the last paragraph, the words "the Fiondellas and"; (8) on page 17, the entire third paragraph (beginning with the words "On October 17, 2019…"); (9) the entirety of the last paragraph on page 19, through that paragraph's conclusion on page 20; (10) on page 20, in the first full paragraph on that page, the entire sentence beginning with "The shareholders saw past certain arguments…"; (11) on page 21, the last paragraph/sentence reading "On July 7, 2020, the Supreme Court in Bikman VIII denied the Article 78 petition"; (12) on page 26, the second sentence of the first paragraph, reading "Appellant believes there is an adversarial relationship between himself and Mr. Cooper"; (13) on page 31, the entire sentence in the third paragraph beginning with "In doing so, the Fiondellas facially…," and the penultimate sentence, reading "On May 13, 2021, Bikman appealed from the dismissal order in Biman VIII to this Court"; and (14) on page 33, the entire second paragraph beginning with "On December 15, 2022, this Court denied Bikman…", and
It is further ordered that defendant-respondent is directed to refile a corrected 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.