Children's Magical Garden Inc. v Norfolk Street Development LLC et al.

Motion No: M-908

Slip Opinion No: 2017 NYSlipOp 70543(U)

Decided on April 13, 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.

April 13, 2017

Children's Magical Garden, Inc.,

Plaintiff-Respondent/Respondent,

v

Norfolk Street Development, LLC, et al.,

Defendants-Appellants,

157, LLC,

Defendant-Appellant.

Appeals having been taken to this Court by Norfolk Street Development, LLC, et al. from orders of the Supreme Court, New York County, entered on or about November 23, 2015 and July 5, 2016, respectively, and said appeals having been perfected, And plaintiff-respondent-respondent having moved to strike defendant-appellants' brief, or in the alternative, for leave to supplement the record on appeal, 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 permitting plaintiff-respondent-respondent to file a supplement to the record containing Exhibits E and F from their moving papers within 5 days of this order, and otherwise denied. ENTERED: April 13, 2017 ___________________CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Paul G. Feinman Judith J. Gische, Justices

M-908

Index No. 152094/14