Crabapple Corp. et al. v Ruben Elberg

Motion No: M-224

Slip Opinion No: 2017 NYSlipOp 64228(U)

Decided on February 14, 2017

Appellate Division, 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.

February 14, 2017

Crabapple Corp., et al.,

Plaintiffs-Respondents,

v

Ruben Elberg,

Defendant-Appellant,

Royal One Real Estate, LLC, et al.,

Defendants-Respondents.

Appeals having been taken by defendant-appellant Elberg from orders of the Supreme Court, New York County, entered on or about March 1, 2016, January 21, 2016 and November 9, 2015, And defendant-appellant Elberg having moved for an order striking plaintiffs-respondents' appendix, striking exhibits RA179-184 of the appendix submitted by defendants-respondents, and striking certain portions of plaintiffs-respondents' and defendants-respondents' brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is granted to the extent of striking plaintiffs-respondents' separate appendix; deeming struck those portions of plaintiffs-respondents' brief that relate to that appendix (Br. pages 3, 5, 6), sua sponte, and taking judicial notice of the exhibits in defendants-respondents' appendix, (RA179-184). The motion is otherwise denied. ENTERED: February 14, 2017

_____________________ CLERK

PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Dianne T. Renwick Karla Moskowitz Paul G. Feinman Ellen Gesmer, Justices

M-224

Index No. 650492/15