Opinion
Motion No: M-2094
08-27-2020
Scarola Malone & Zubatov LLP, Plaintiff-Respondent/Plaintiff-Respondent-Respondent, v. Andrew Ellner, Lightbox CapitalManagement, LLC and Lightbox Ventures, LLC, Defendants-Appellants, Defendants-Respondents-Appellants, -and- Brem Moldovsky, L.L.C., Defendant/Defendant-Appellant-Respondent.
CONFIDENTIAL
An appeal have been taken by defendants-appellants Andrew Ellner, Lightbox Capital Management, LLC and Lightbox Ventures, LLC (collectively the Lightbox defendants) from an order of the Supreme Court, New York County, entered on or about July 8, 2019, and the appeal having been perfected for the December 2020 Term of this Court (Case No. 2019-03384), And an appeal having been taken by the Lightbox defendants and cross appeal having been taken by Brem Moldovsky, L.L.C. from an order of the same court, entered on or about December 18, 2019, and Brem Moldovsky L.L.C. having perfected the cross appeal for the November 2020 Term of this Court, designating itself as defendant-appellant-respondent (Case No. 2019-02350), And defendant Brem Moldovsky L.L.C. having moved for an order:(1) designating Brem Moldovsky L.L.C. as a respondent to the Lightbox defendants' appeal taken from the July 8, 2019 order (Case No. 2019-03384); (2) consolidating the appeal taken from the July 8, 2019 order (Case No. 2019-03384) with the appeal taken from the December 18, 2019 order (Case No. 2019-02350); (3) declaring the Lightbox defendants' Judiciary Law § 487 claims impossible and moot, and disqualify Jonathan Miller, Esq. as counsel for the Lightbox defendants or, in the alternative, granting an enlargement of time to perfect the appeal and granting leave to supplement the record on appeal by taking judicial notice of developments in the case and facts since the date of the order appealed from that are allegedly germane to it (M-1885), And the Lightbox defendants having cross-moved for an order imposing sanctions for frivolous conduct against defendant Brem Moldovsky, L.L.C. and Brem Moldovsky, Esq., personally (M-2094), 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-1885) is granted to the extent directing the Clerk to calendar the perfected appeals from the July 8, 2019 order (Case Nos. 2019-03384) and December 18, 2019 order (Case No 2019-02350), to be heard together on the same date of the December 2020 Term, to which Term the appeal taken from the December 18, 2020 order (Case No. 2019-02350) is adjourned, and the motion is otherwise denied. The motion (M-2094) seeking sanctions for frivolous conduct is denied (see M-2554, decided simultaneously herewith).
ENTERED: August 27, 2020
__________ CLERK
Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Angela M. Mazzarelli,Justices
M-2094
M-1885
Index No. 651324/17