Opinion
Motion No. 3559
12-10-2020
Joseph Mendler, as Executor of the Estate of Judith Marion Mendler, Plaintiff-Appellant-Respondent, v. Jane-Horatio LLC and Suzanne Lawton, Defendants-Respondents, Suzanne Lawton, as Personal Representative of the Estate of Henry Mendler, Defendant-Respondent-Appellant, -and- Dime Community Bank, formerly known as The Dime Savings Bank of Williamsburgh, Defendant.
Present - Hon. Dianne T. Renwick, Justice Presiding, Ellen Gesmer Jeffrey K. Oing Anil C. Singh Manuel J. Mendez, Justices. Index No. 157007/18
Case Nos. 2020-02069 2020-03490
An appeal, by plaintiff, and cross appeal, by defendant Suzanne Lawton, as Personal Representative of the Estate of Henry Mendler, having been taken from an order of the Supreme Court, New York County, entered on or about February 19, 2020, and an appeal having been taken by plaintiff from the judgment, same court, entered on or about March 9, 2020,
And defendants-respondents, Jane-Horatio LLC and Suzanne Lawton, having moved to supplement the record on appeal to include two documents set forth in paragraphs 3(a) and (b) of their counsel's affirmation in support, annexed thereto as Exhibit "D",
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 permitting defendants-respondents, at their own expense with costs to abide the appeal, leave to serve and file a supplemental record containing the two documents set forth in paragraphs 3(a) and (b) of defendants' counsel's affirmation in support, annexed thereto as Exhibit "D", within ten days of the date of this order. ENTERED: December 10, 2020
/s/
Susanna Molina Rojas
Clerk of the Court