Opinion
Motion No: M-919
04-02-2019
Joan C. Lipin, Plaintiff-Appellant, v. Danske Bank, David E. Hunt, Ulf Bergquist, Evelyn F. Ellis, Joseph R. Mazziotti, Dana A. Sawyer, Krainin Real Estate, Ann Susan Markatos, Robert Gary Lipin, David A. Berger, Allegaert Berger & Vogel LLP, Mark A. Anesh, and Deborah Lovewell, Defendants-Respondents.
An appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about January 2, 2019, and said appeal having been perfected, And defendants-respondents Allegaert Berger & Vogel LLP, Ulf Bergquist, Evelyn F. Ellis, Dana A. Sawyer, Krainin Real Estate, Ann Susan Markatos, Robert Gary Lipin, Deborah Lovewell and David A. Berger having moved for an order (1) striking the appendix filed by plaintiff-appellant and dismissing the appeal or, in the alternative, directing plaintiff-appellant to file a corrected appendix, (2) adjourning the perfected appeal until the motion has been decided and a corrected appendix filed, and (3) enjoining plaintiff from filing any further appeals without the prior approval of this Court, imposing costs and sanctions, and for other relief, 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 plaintiff-appellant to file a supplemental appendix containing the Affirmation in Opposition to plaintiff's motion and in support of the cross motion and the supporting exhibits set forth in Exhibit K to the moving papers (Documents #13-23), within 20 days of the date of this order. The perfected appeal is adjourned to the September 2019 Term. The motion, to the extent it seeks sanctions and a filing injunction, is denied, without prejudice to raising the issues in the respondent's brief. The motion is otherwise denied.
ENTERED: April 2, 2019
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Peter Tom Barbara R. Kapnick Jeffrey K. Oing,Justices
M-919
Index No. 150972/14