Opinion
Motion No. 3259 Motion No. 3342
11-12-2020
Bernice L. Harris and Allison Harris Schifini, individually and derivatively on behalf of TJ Montana Enterprises, LLC, Plaintiffs-Appellants, v. Betsy Harris, also known as Betsy Savage, and Tamara Harris, Individually and as Preliminary Executor of the Estate of Steven Harris, Deceased, Defendants-Respondents, Andrew Lichtenstein and TJ Montana Enterprises, LLC, Defendants-Appellants.
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Anil C. Singh Tanya R. Kennedy Saliann Scarpulla, Justices. Index No. 656962/17
Case No. 2020-03015
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 30, 2020, and said appeal having been perfected,
And defendants-respondents having moved for an order striking plaintiffs-appellants' brief for referring to matters dehors the record, and adjourning the aforesaid appeal to a later term (M-3259),
And plaintiffs-appellants have cross-moved for an order imposing sanctions upon defendants-respondents and their counsel for frivolous conduct, as well as costs and reasonable attorneys' fees (M-3342),
Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,
It is ordered that the motion to strike plaintiffs-appellants' brief is denied, without prejudice to defendants-respondents raising the within arguments directly on their appeal. The appeal is hereby adjourned to the February 2021 Term of this Court and the motion is otherwise denied (M-3259). The cross motion seeking sanctions and costs is denied (M-3342). ENTERED: November 12, 2020
/s/
Susanna Molina Rojas
Clerk of the Court