Opinion
Motion No: M-4966
10-25-2018
Landmark Ventures, Inc. and Landmark Ventures (USA), Inc., Plaintiffs-Appellants, v. Insightec Ltd. and Kreisberg & Maitland LLP, Defendants-Respondents
Appeals having been taken to this Court by plaintiffs-appellants from orders of the Supreme Court, New York County, entered on or about April 4, 2017, and said appeals having been perfected (Cal. Nos. 2018-989 and 2018-1036),And defendant-respondent Kreisberg & Maitland LLP having moved for an order: (1) sealing the proceedings before this Court, including NYSCEF filings, and upon sealing these proceedings, permitting the parties to e-file documents in unredacted form and otherwise share relevant documents with counsel of record; (2) directing plaintiffs-appellants to supplement the record on appeal to include the exhibits that accompanied defendant-respondent movant's motion to dismiss the complaint herein; (3) permitting defendant-respondent to supplement the record to include the order of the Supreme Court, New York County, entered on June 6, 2018, dismissing a subsequent complaint filed by plaintiffs-appellants in a related action (Landmark Ventures, Inc. et al. v . Kreisberg & Maitland LLP, et al., Index No. 655089/17), and (4) joining this appeal with plaintiffs-appellants' appeal of the dismissal order in the related action (Cal. No. 2018-2985),Now, upon reading and filing the papers with respect to the motion, including the stipulation of the parties dated October 12, 2018, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent that (I) the record on appeal, briefs and all future filings are sealed. The parties' attention is directed to Section 1245.8 of the Practice Rules of the Appellate Division with respect to the filing of sealed documents; and (ii) plaintiffs-appellants are directed to supplement the record to include the exhibits attached to the moving papers as Ex. 1, and It is further ordered that the perfected appeals taken by plaintiffs-appellants in this action (Cal. Nos. 2018-989 and 2018-1036) are adjourned to the April 2019 Term. The time to perfect the appeal in the related action (Cal. No. 2018-2985) is enlarged to the April 2019 Term. The Clerk of the Court is directed to calendar all three appeals to be heard together on the same date for the April 2019 Term, if the appeal in the related action is perfected. Defendant-respondent movant's request to supplement the record herein to include the dismissal order in the related action is denied.
ENTERED: October 25, 2018
_____________________ CLERK
Present - Hon. Rolando T. Acosta,Presiding Justice,David Friedman, Barbara R. Kapnick Troy K. Webber Peter H. Moulton,Justices
M-4966
Index No. 653761/16