Cabrini Terrace Joint Venture v O'Brien, Charles



Cabrini Terrace Joint Venture v O'Brien, Charles
Motion No: 570255/08
Slip Opinion No: 2008 NYSlipOp 88156(U)
Decided on November 3, 2008
Appellate Term, First Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.



November 3, 2008

Cabrini Terrace Joint Venture v O'Brien, Charles

It is Ordered that the motion to supplement the record on appeal with exhibit "C", is granted. The appellant is to submit five copies of the exhibit to the Clerk of the Court. This is without prejudice to petitioner-landlord's right to raise the issue in the answering brief, of the document's disputed admission in the trial court. The cross-motion is granted to the extent of adjourning the appeal to the January 2009 term. The petitioner's answering briefs are to be served and filed by November 20, 2008. [ cal # 08-453 ]

By: McKeon, P.J., Schoenfeld, Heitler, J.J.

Motion No. 570255/08