Opinion
Motion No: M-1263
07-02-2020
Michael Hedges, as Guardian Ad Litem of Marion Hedges, An Incapacitated Person, and Michael Hedges, Individually, and Dayton Hedges, Plaintiffs-Respondents, v. Planned Security Service, Inc., Defendant-Respondent-Appellant, Tiago Holding, LLC, Blumenfeld Development Group, Ltd., Forest City Enterprise, Inc., Forest City Ratner Companies, Inc., ERP Management, LLC., Defendants-Appellants-Respondents, Target Corporation, Costco Wholesale Corporation and Bob's Discount Furniture of NY, LLC, Defendants-Respondents, -and- East River Plaza, LLC, Defendant.
Appeals having been taken by defendants-appellants from orders of the Supreme Court, New York County, entered on or about January 19, 2018 and May 9, 2019, and from a judgment of the same court entered on or about July 24, 2019, and the consolidated appeal having been perfected, And defendant-respondent Target Corporation, having moved to dismiss the appeal insofar as it is adverse to Target, or in the alternative, to direct defendants-appellants to serve and file a supplemental appendix, and for an award of costs and attorney's fees and an extension of time to file a respondent's 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 branch of the motion seeking to dismiss the appeal is denied without prejudice to movant advancing its arguments in favor of dismissal in its respondent's brief. The branch of the motion seeking to direct defendants-appellants to file a supplemental appendix is granted to the extent that defendants-appellants are directed to file a supplemental appendix to include the movant's memoranda of law. The branch of the motion seeking costs and attorney's fees in relation to this motion is denied.
ENTERED: July 2, 2020
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Anil C. Singh Lizbeth GonzÁlez, Justices
M-1263
Index No. 101854/12