Gem Holdco LLC et al. v Changing World Technologies L.P.

Motion No: M-5571

Slip Opinion No: 2017 NYSlipOp 94224(U)

Decided on December 5, 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.

December 5, 2017

Gem Holdco, LLC, et al.,

Plaintiffs-Respondents,

v

Changing World Technologies, L.P.,

Defendant, CWT Canada II Limited Partnership,

et al.,

Defendants-Respondents,

Ridgeline Energy Services, Inc.,

et al.,

Defendants-Appellant,

Douglas Johnson and Kelly Sledz,

Defendants.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 3, 2016, and said appeal having been perfected, And defendants-respondents CWT Canada II Limited Partnership, et al., having moved for dismissal of the aforesaid appeal, and for this Court to take judicial notice of certain documents, 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 that this Court takes judicial notice of documents attached to the moving papers as Exhibit 1 through 5, inclusive. The motion is otherwise denied, without prejudice to arguments in response to the appeal, if so perfected. ENTERED: December 5, 2017

_____________________ CLERK

Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Angela M. Mazzarelli Barbara R. Kapnick Troy K. Webber, Justices

M-5571

Index No. 650841/13