| 150 E. 34th St Mgmt Co. v XIO Rest. Corp & Lisa Rest. Inc |
| Motion No: 570109/14 |
| Slip Opinion No: 2014 NY Slip Op 70823(U) |
| Decided on April 29, 2014 |
| 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. |
April 29, 2014
150 E. 34th St Mgmt Co. v XIO Rest. Corp & Lisa Rest. Inc
It is Ordered that petitioner-respondent's motion is granted only to the extent of directing respondent-appellant to include a copy of what the parties describe as the "Lisa Affirmation" as part of the record on appeal. The remainder of landlord-respondent's motion is denied.
It is Further Ordered that the appeal will be calendared for the September 2014 term- the filing deadline for respondent-appellant to file and serve a corrected record on appeal and, if so advised,
an amended brief, is July 9, 2014. Petitioner-respondent's brief must be served and filed by July 31, 2014. Reply brief, if any, is to be served and filed by August 7, 2014.
By: Schoenfeld, J.P., Shulman, Hunter, Jr., J.J.
Motion No. 570109/14