Opinion
Motion No: M-5302
12-01-2016
Lefkara Group, LLC, Plaintiff-Appellant, v. First American International Bank, Defendant-Respondent.
An appeal having been taken to this Court from the judgment of the Supreme Court, New York County, entered on or about April 28, 2016,And plaintiff-appellant having moved, inter alia, for an order: (1) directing the Part Clerk of the Hon. Lawrence K. Marks, to provide moving counsel with Exhibit B to plaintiff's opposition to the motion for summary judgment or, in the alternative, directing defense counsel to provide a copy of the document; (2) allowing plaintiff-appellant to supplement the record on appeal with said document, and (3) allowing plaintiff-appellant to place said document in the reproduced record without requiring that the document be sealed, And defendant-respondent having appeared and opposing the motion in its entirety, urging that the requested confidential document remain sealed,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 directing the Part Clerk, or other employees with possession of or access to the subject confidential document, to transmit a copy of the confidential document to plaintiff-appellant's attorney. In the event the confidential document cannot be located and provided to a court employee within 30 days of this order, counsel for defendant-respondent is to provide counsel for plaintiff-appellant with a copy. Plaintiff-appellant is authorized to submit a copy of the document separately as a confidential appeal exhibit, with reference to that status in the printed record. The time to perfect the appeal is enlarged to the May 2017 Term, and the motion is otherwise denied.
ENTERED: December 1, 2016
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, David B. Saxe Rosalyn H. Richter Judith J. Gische Barbara R. Kapnick,Justices
M-5302
Index No. 651678/13