Never Used Cars, LLC, as assignee of Mendel Group, Inc.

Never Used Cars, LLC, as assignee of Mendel Group, Inc.

Motion No: 2015-08857

Slip Opinion No: 2016 NY Slip Op 89976(U)

Decided on October 31, 2016

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

M220585

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2015-08857, 2016-04126
Never Used Cars, LLC, as assignee of Mendel
Group, Inc., respondent, v Nat Hoe Equities
Corp., et al., defendants; 3615-15 Realty 1,
LLC, nonparty-appellant.
(Action No. 1)
3615-15 Realty 1, LLC, appellant,
v Bedford Avenue Associates I, LLC,
et al., respondents, et al., defendants.
(Action No. 2)
(Index Nos. 1241/09, 27876/11)

DECISION & ORDER ON MOTION

Motion by the respondents Bedford Avenue Associates I, LLC, and Never Used Cars, LLC, to strike page 124 of the record on appeals from an order of the Supreme Court, Kings County, dated June 4, 2015, and an order and judgment (one paper) of the same court dated March 7, 2016, on the ground that it contains matter dehors the record.

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

BALKIN, J.P., HALL, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court