| ENCORE PROPERTIES OF ROCHESTER, LLC V WELLS FARGO BANK, NA, AS TRUSTEE FOR REGISTERED HOLDERS OF CREDIT SUISSE FIRST |
| Motion No: OCKET CA 17-00899 |
| Slip Opinion No: 2017 NY Slip Op 80399(U) |
| Decided on July 19, 2017 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., PERADOTTO, CARNI, LINDLEY, AND DEJOSEPH, JJ.
OCKET NO. CA 17-00899
| ENCORE PROPERTIES OF ROCHESTER, LLC, PLAINTIFF-APPELLANT, V
WELLS FARGO BANK, NA, AS TRUSTEE FOR REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., AND COMMERCIAL
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-C5, DEFENDANT-RESPONDENT, ET AL., DEFENDANT. |
Appellant having moved to strike multiple aspects of respondent's brief on the ground that the brief improperly references matters that are outside the record on the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Monroe on September 15, 2016,
Now, upon reading and filing the affirmation of Joseph A. Taddeo, Jr., Esq., dated June 28, 2017, the notice of motion with proof of service thereof, and the affirmation of John C. Nutter, Esq., dated July 14, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice and leave to renew the arguments in support of and in opposition to this motion at oral argument.
Entered: July 19, 2017
Frances E. Cafarell, Clerk