Opinion
Motion No. 2023-00320 Index No. 653550/21 Case Nos. 2022-02691 2022-05134
02-14-2023
Parc 56 LLC, Plaintiff-Respondent-Appellant, v. Board of Managers of the Parc Vendome Condominium and Bradford Winston, as President of the Board of the Parc Vendome Condominium, Defendants-Appellants-Respondents,
Elizabeth Schrero, Esq., Non-Party Appellant.
Unpublished Opinion
MOTION DECISION
Elizabeth Schrero, Esq., Non-Party Appellant.
Present - Hon. Rolando T. Acosta, Presiding Justice, Cynthia S. Kern Ellen Gesmer Saliann Scarpulla Julio Rodriguez III, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 09, 2022 (Case No. 2022-02691), and an appeal and cross appeals having been taken to this Court from an order of the same court and justice, entered on or about October 25, 2022 (Case No. 2022-05134), and said appeals and cross appeals having been perfected upon a joint record, And defendants-appellants-respondents having moved for an order taking judicial notice of a letter sent by defendants' counsel to plaintiff's counsel, dated September 25, 2022, attached as Exhibit 4 to the affirmation submitted in support of the motion, 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 denied, and sua sponte, the first full paragraph of defendants-appellants-respondents' brief at page 141 is stricken, and defendants are directed to physically delete said portion of the brief within 10 days of this order.