Opinion
M-5925 M-5892
01-15-2019
Primus Pacific Partners 1, L.P., Plaintiff-Appellant, v. Goldman Sachs Group, Inc., et al., Defendants-Respondents.
An appeal having been taken to this Court from orders of the Supreme Court, New York County, entered on or about November 17, 2017, and said appeal having been perfected, And defendants-respondents having moved for an order (1) striking all references to materials de hors the record from plaintiff-appellant's reply brief, (2) striking plaintiff's letter dated November 9, 2019 requesting that this Court take judicial notice of the four annexed documents from two criminal cases filed in the United States District Court for the Eastern District of New York (the EDNY Filings), (3) directing plaintiff to provide this Court with the redacted version of its reply brief attached to the moving papers as Exhibit "C", or, (4) in the alternative, for leave to file a sur-reply brief to address the arguments made in plaintiff's reply brief based on materials de hors the record (M-5892), And plaintiff-appellant having cross moved to have this Court take judicial notice the EDNY Filings (M-5925), 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 the motion (M-5892) is granted to the extent of striking plaintiff's reply brief, and directing plaintiff to resubmit a reply brief without reference to the EDNY Filings. The cross motion (M-5925) to take judicial notice of the EDNY Filings is denied. On the Court's own motion, the appeal is adjourned to the April 2019 Term.
ENTERED: January 15, 2019
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Peter Tom Cynthia S. Kern Anil C. Singh,Justices
Index No. 653885/16