Sunnybrook Gardens Owners, Inc. v. Singh

Full title: Sunnybrook Gardens Owners, Inc., Respondent, v. Vijay Singh, Appellant.

Court: Appellate Term of the Supreme Court of the State of New York for the 9th & 10th Judicial Districts

Date published: Jan 25, 2021

2021 N.Y. Slip Op. 61532 (N.Y. App. Term 2021)

2021 N.Y. Slip Op. 61533

Opinion

Motion No: 2020-00629 WC

01-25-2021

Sunnybrook Gardens Owners, Inc., Respondent, v. Vijay Singh, Appellant.

TERRY JANE RUDERMAN, P.J.

JERRY GARGUILO

ELIZABETH H. EMERSON, JJ.

DECISION & ORDER ON MOTION

Motion by respondent to dismiss the appeal for lack of prosecution on an appeal from an order of the City Court of Yonkers, Westchester County, entered August 28, 2019. Separate motion by appellant to strike respondent's reply affidavit for misrepresentations of material fact and prejudicial matter.

Upon the papers filed in support of the motions and the papers having been filed in opposition thereto, it is

ORDERED that the motions are consolidated for disposition; and it is further,

ORDERED that respondent's motion to dismiss the appeal is granted, unless the appeal is perfected on or before March 30, 2021; and it is further,

ORDERED that the motion to strike respondent's reply is denied.

ENTER:

Paul Kenny

Chief Clerk