| Shants, Inc. v Capital One, N.A. |
| Motion No: 2013-03618 |
| Slip Opinion No: 2014 NY Slip Op 81717(U) |
| Decided on August 26, 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. |
Appellate Division: Second Judicial Department
M178973
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2013-03618 Shants, Inc., plaintiff-respondent-appellant, v Capital One, N.A., respondent, MRW Group, Inc., appellant-respondent, Tower Insurance Company of New York, defendant-respondent-appellant. (Index No. 13526/11)
| DECISION & ORDER ON MOTION |
Motion by the Capital One, N.A., in effect, to enlarge the record on an appeal and cross appeals from an order of the Supreme Court, Nassau County, dated January 31, 2013, to include a certain affidavit dated January 9, 2014, as well as an order of the same court dated March 18, 2014, or for the Court to take judicial notice of the order dated March 18, 2014. Cross motion by the plaintiff-respondent-appellant, inter alia, to enlarge the record to include certain discovery responses.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is to take judicial notice of the order dated March 18, 2014, is granted; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court