Opinion
Motion Nos. 2022-04353 2022-04527 Index No. 654888/17 No. 2021-04384
01-05-2023
Harry Winston Inc., Plaintiff-Respondent, v. Eclipse Jewelry Corp., Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Martin Shulman Julio Rodriguez III John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 03, 2021, and said appeal having been perfected, And plaintiff-respondent having moved to supplement the Joint Record on appeal with materials considered by the trial court and excluded from the Joint Record by the defendant-appellant (M-2022-04353), And defendant-appellant having cross moved to strike those parts of plaintiff-respondent's brief that refer or cite to respondent's proposed supplemental record, including but not limited to, references to material in the proposed supplemental record that appear on pages 10, 11, 12-13, 15, 19-20, 26, 30, 34, and 47 (M-2022-04527), 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 plaintiff-respondent's motion for leave to supplement the Joint Record on appeal is denied (M-2022-04353), and
It is further ordered that defendant-appellant's cross motion is granted to the extent of directing plaintiff-respondent to file a corrected respondent's brief replacing the citations to the proposed supplemental Joint Record with direct citations to the underlying NYSCEF filings, of which this Court may take judicial notice, and is otherwise denied (M-2022-04527). Sua sponte, the perfected appeal is adjourned to the March 2023 Term of this Court.