Opinion
2022-61438 Motion 2022-00054 2022-00218
02-08-2022
Stephanie Lopez, Plaintiff-Respondent, v. Harold Bendell, individually, and Bronx Ford, Inc., City World Acquisition Group, Inc., City World Motors, L.L.C., City World Estate Auto Holding, L.L.C., and/or any other entities affiliated with or controlled by Bronx Ford, Inc., City World Acquisition Group, Inc., City World Motors, L.L.C., City World Estate Auto Holdings, L.L.C., Defendants-Appellants. Index No. 156292/17 Case Nos. 2021-01325, 202104354
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Anil C. Singh Peter H. Moulton John R. Higgitt, Justices.
Appeals having been taken from orders of the Supreme Court, New York County, entered on or about March 04, 2021 and October 18, 2021, and said appeals having been consolidated and perfected (Case Nos. 2021-01325 and 2021-04354), And defendants-appellants having moved to file a supplemental record on appeal for the purpose of presenting to this Court additional documents considered by the motion court on their motion for reargument and renewal of their motion to vacate the note of issue (M-2022-00054), And plaintiff having cross moved for an order striking references in defendants' brief which refer to material dehors the record (M-2022-00218), 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 defendants' motion is granted to the extent of permitting defendants to file a supplemental record containing plaintiff's note of issue (Ex. B to the moving papers) for the June 2022 Term of this Court, to which Term the perfected consolidated appeals are adjourned, and is otherwise denied (M-2022-00054), and
It is further ordered that the cross motion is granted to the extent of striking appellants' brief, with leave granted to defendants to file a replacement brief for the June 2022 Term which omits all references to matters dehors the record (M-2022-00218).