Resurgence Asset Management LLC v X

Motion No: M-158

Slip Opinion No: 2018 NYSlipOp 63492(U)

Decided on February 8, 2018

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 8, 2018

Resurgence Asset Management, LLC,

Plaintiff-Respondent,

v

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, rendered on or about February 14, 2017, and said appeal having been perfected, And plaintiff-respondent having moved to supplement the record on appeal with plaintiff's letter submission to the Supreme Court dated November 11, 2016 (Exh. C) and with a letter submission dated November 21, 2016, and attachments to said submission (Exh. D) [M-6713], And plaintiff-respondent having moved separately to strike certain portions of defendant's reply brief [M-158], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,It is ordered that the motion to supplement the record on appeal is granted. Plaintiff is directed to file 9 copies of a supplemental record on appeal within one week of this order

[M-6713]. The motion to strike certain portions of defendant's reply brief is granted to the extent of deeming the two

statements in defendant's reply brief pertaining to the Florida court having "sanctioned" the plaintiff (reply brief at pp. 2 and 5) stricken [M-158]. ENTERED: February 8, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Marcy L. Kahn Jeffrey K. Oing,Justices

M-158

M-6713

Index No. 651737/12 Steve Gidumal,