Opinion
Motion No. 3493
12-10-2020
Scarola, Malone & Zubatov LLP. Plaintiff-Respondent, v. Andrew Ellner, Lightbox Capital Management, LLC and Lightbox Ventures, LLC, Defendants-Appellants, Brem Moldovsky, LLC, Defendant.
Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Peter H. Moulton Saliann Scarpulla, Justices. Index No. 651324/17
Case No. 2019-03384
CONFIDENTIAL
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 8, 2019, and said appeal having been perfected,
And defendants-appellants having moved for an order striking plaintiff-respondent's supplemental appendix, and all parts of its respondent's brief which refer to said supplemental appendix,
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 striking plaintiff's supplemental appendix, except for the amended complaint (SA 17-45), and striking all portions of the respondent's brief referring to the supplemental appendix. Plaintiff is granted leave to file a revised supplemental appendix and respondent's brief, for the February 2021 Term of this Court, which includes and makes reference only to documents considered by the Supreme Court in deciding the Lightbox defendants' motion to dismiss the amended complaint. The instant appeal and related appeals under Case No. 2020-02530 are hereby adjourned to the February 2021 Term of this Court. Entered: December 10, 2020
/s/
Susanna Molina Rojas
Clerk of the Court