Opinion
Motion No: M-5093
01-05-2017
PNY III, LLC, formerly known as PNY III, L.P., and American Guarantee and Liability Insurance Company, as subrogee of PNY, III, LLC, formerly known as PNY III, LP, v. Axis Design Group International, LLC, et al., Defendants-Respondents, Ulm II Holding Corp., Defendant-Appellant. United Church Insurance Association, as subrogee of Church of the Covenant Presbyterian, Plaintiffs, Index No. 151873/15 v. Axis Design Group International, LLC, et al., Defendants-Respondents, Ulm II Holding Corp., Defendant-Appellant.
---------------------------------------x Consolidated appeals having been taken from an order of the Supreme Court, New York County, (Index No. 159743/14), entered on or about November 16, 2015, and from an order of said Court (Index No. 151873/15) entered on or about November 16, 2015, respectively, and said consolidated appeals having been perfected,
(M-5093)-2-January 5, 2017 And defendants-respondents having moved for (1) dismissal of the appeal in the United Church case as moot, to strike portions of the record related to that appeal, as well as the portions of the brief that refer to such material; (2) to enlarge the record on appeal to include documents related to defendant-appellant's settlement of plaintiff's claims in the PNY III case, and adjourning said appeal; and (3) if the aforesaid relief is denied, adjourning the consolidated appeals, 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 the Axis defendants to supplement the record on appeal with Exhibits D-G to the Ansari Affirmation, directing movants to file the documents in a supplemental appendix to be filed with their brief as respondents, on or before February 1, 2017 for the March 2017 Term, to which Term the perfected consolidated appeals are adjourned. The motion, to the extent it seeks dismissal of the appeal in the United Church case and to strike portions of the joint record on appeal, is denied, without prejudice to the parties addressing the issue directly on appeal.
ENTERED: January 5, 2017
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Karla Moskowitz Barbara R. Kapnick,Justices
M-5093
Index No. 159743/14 Plaintiffs,