Appellate Division: Second Judicial Department

M196605

J/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-01682, 2012-04736 Courtview Owners Corp., appellant-respondent, v Courtview Holding B.V., et al., respondents- appellants. (Index No. 6913/08)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent to strike stated portions of the respondents-appellants' reply brief on appeals and cross appeals from two orders of the Supreme Court, Queens County, entered January 27, 2012, and May 8, 2012, respectively, on the ground that they improperly raise arguments for the first time in reply. By decision and order on motion of this Court dated May 22, 2013, the motion was held in abeyance and referred to the Justices hearing the appeals and cross appeal for determination upon the argument or submission thereof. The appeals and cross appeals were determined by decision and order of this Court dated January 22, 2014.

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

ORDERED that the motion is granted, and the following portions of the respondents-appellants' reply brief are stricken nunc pro tunc and were not considered in the determination of the appeals and cross appeals: (1) the first full sentence on page 7; (2) the last full sentence on page 10; (3) starting with the last sentence on page 11 through the end of the first sentence of the second full paragraph on page 12; (4) the last full sentence on page 13 and the associated footnote number 5; and (5) starting with the last full sentence on page 14 through the end of that paragraph.

ENG, P.J., BALKIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court