Opinion
2021-74271 Index 150752/16
11-09-2021
Jeffrey Tolk, Plaintiff-Appellant, v. 11 West 42 Realty Investors, LLC and CJS Industries, Inc., Defendants-Respondents. CJS Industries Inc., Third-Party Plaintiff-Respondent, v. Architectural Flooring Resource Inc., Third-Party Defendant, Tishman Speyer, Third-Party Defendant-Respondent. [AND OTHER THIRD-PARTY ACTIONS] Motion Nos. 2021-03411, 2021-03468 Case No. 2021-02557
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Justice Presiding, Ellen Gesmer Peter H. Moulton Martin Shulman Bahaati E. Pitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 11, 2021, and the appeal having been perfected, And third-party defendant/second third-party defendant/third third-party plaintiff, Architectural Flooring Resource Inc. having moved for leave to file a respondent's brief in opposition to plaintiff's appeal and for related relief (M-2021-03411), And defendant/third-party plaintiff-respondent CJS Industries Inc., having moved to strike the respondents' brief filed by defendant/second third-party plaintiff/fourth third-party plaintiff, 11 West 42 Realty Investors, L.L.C. and third-party defendant/fourth third-party plaintiff, Tishman Speyer, or in the alternative, for leave to serve and file a supplemental brief (M-2021-03468), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that third-party defendant/second third-party defendant/third third-party plaintiff Architectural Flooring Resource Inc.'s motion is denied (M-2021-03411), and
It is further ordered that defendant/third-party plaintiff-respondent CJS Industries Inc., motion is granted to the extent of striking the respondent's brief filed by defendant/second third-party plaintiff/fourth third-party plaintiff, 11 West 42 Realty Investors, L.L.C. and third-party defendant/fourth third-party plaintiff, Tishman Speyer (M-2021-03468),