Gihon, LLC v 501 Second Street, LLC
Motion No: 2012-10255
Slip Opinion No: 2014 NY Slip Op 63386(U)
Decided on February 10, 2014
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M166751

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2012-10255, 2012-10256

Gihon, LLC, respondent, v 501 Second

Street, LLC, et al., appellants, et al., defendant.

(Index No. 13933/04)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from an order of the Supreme Court, Kings County, entered August 20, 2012, and a judgment of the same court entered September 14, 2012, inter alia, to strike the appellants' appendix as inadequate and on the ground that it contains matter dehors the record, and to strike the appellants' brief on the ground that it refers to matter dehors the record, and for an award of costs and an attorney's fee.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted to the extent that the appellants' appendix and the appellants' brief are stricken, the appeals are dismissed, and the respondent is awarded $100 motion costs; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court