Opinion
Motion No. 2021-09107 Index No. 515930/2020
10-18-2023
Union Mutual Fire Insurance Company, plaintiff, v. ZNIA LLC, defendant third-party plaintiff-appellant; United States Liability Insurance Company, third-party defendant- respondent, et al., third-party defendants.
Unpublished Opinion
MOTION DECISION
VALERIE BRATHWAITE NELSON, J.P. CHERYL E. CHAMBERS BARRY E. WARHIT JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated October 1, 2021. Motion by the respondent to strike stated portions of the appellant's brief and stated portions of the record on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the appellant's brief and record are stricken, and on or before November 17, 2023, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain Point I and Point III and is in other respects the same as the brief previously filed, and a replacement record that does not contain the material currently included in the record at pages 479 through 1089.
BRATHWAITE NELSON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.