Opinion
Motion No. 2023-00637 Index No. 656857/21Case No. 2022-03228
02-28-2023
Daniel Shatz, suing individually and derivatively on behalf of Vast Ventures VI LLC, Plaintiff-Respondent, v. Douglas Chertok, Vast Ventures LLC, Defendants-Appellants and Vast Ventures VI LLC, Nominal Defendant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, David Friedman Peter H. Moulton Manuel J. Mendez Bahaati E. Pitt-Burke, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 30, 2022, and said appeal having been perfected, And defendants-appellants having moved to strike portions of plaintiff-respondent's brief that reference documents and matters dehors the Record on Appeal, 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 the following from plaintiff-respondent's brief: (1) in subsection (A) of the Procedural History, the portion of the paragraph beginning on page 24 that begins "Months later…," through and including the end of the paragraph, including footnote 7; (2) in subsection (C) of the Procedural History, the first full paragraph on page 28, with the exception of the words "No resolution was reached[.]"; and (3) in subsection III of the Argument, the entirety of the paragraph beginning on page 39 that begins "Merely by way of example…" and concluding on page 40 with a citation to "…NYSCEF Doc. No. 284 ¶¶ 3-5, 7-9.," and
It is further ordered that plaintiff-respondent is to file a corrected Respondent's Brief in accordance with this order on or before April 19, 2023 for the June 2023 Term of this Court, to which Term the appeal is adjourned, and otherwise, the motion is denied.