Opinion
Motion No. 2020-04085 Motion No. 2021-00103
02-16-2021
Bruce Meyers, Plaintiff-Respondent, v. Becker & Poliakoff, LLP, Defendant-Appellant.
Present - Hon. Rolando T. Acosta, Presiding Justice, Cynthia S. Kern Jeffrey K. Oing Manuel J. Mendez Martin Shulman, Justices. Index No. 158611/19
Case No. 2020-03526
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about August 10, 2020,
And plaintiff-respondent having moved to dismiss the appeal or, in the alternative, to compel defendant-appellant to produce a certain client case file, and to permit plaintiff-respondent to file a supplemental record containing certain exhibits (M-2020-04085),
And defendant-appellant having cross-moved for the imposition of sanctions against plaintiff-respondent and/or his counsel for the attorney fees and costs associated with the cross motion, and to extend the time in which to perfect the appeal to the May 2021 Term (M-2021-00103),
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 plaintiff-respondent's motion is granted to the extent that defendant-appellant is directed to turn over the client case file in question, and plaintiff-respondent is permitted to file a supplemental appendix; that branch of the motion seeking to dismiss the appeal is denied, without prejudice to raising the issues directly on appeal (M-2020-04085),
It is further ordered that defendant-appellant's cross motion is granted to the extent of extending the time in which to perfect the appeal to the June 2021 Term of this Court, and is otherwise denied (M-2021-00103). ENTERED: February 16, 2021
/s/
Susanna Molina Rojas
Clerk of the Court