Sean Reeps by his Father and Guardian v BMW of North America LLC BMW of North America Inc. BMW Holding Corp

Motion No: M-39

Slip Opinion No: 2018 NYSlipOp 63887(U)

Decided on February 13, 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 13, 2018

Sean Reeps, by his Father and Guardian

ad litem Guy Reeps,

Plaintiff-Respondent,

v

BMW of North America, LLC, BMW of North

America, Inc, BMW (US) Holding Corp.,

Respondent-Appellants,

Martin Motor Sales, Inc.,

Respondent-Appellant,

Hassel Motors, Inc.,

Respondent-Appellant.

Appeals having been taken from an order of the Supreme Court, New York County, entered on or about May 1, 2017, and

said appeals having been perfected on a joint record, And plaintiff-respondent having moved for leave to file a supplemental appendix containing a sur-reply (M-73), And defendant-appellant "BMW" having cross-moved to strike plaintiff-respondent's appendix and certain portions of the respondent's brief, and to extent the time to file their reply brief, and the costs of this motion (M-107), And defendant-appellant, Martin Motor Sales, Inc., having cross-moved to strike plaintiff-respondent's appendix and certain portions of the respondent's brief (M-39),Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, it is Ordered that the cross motions (M-39, M-107) are granted,

to the extent of deeming struck those portions of plaintiff-respondent's brief that rely on citations to the proposed respondent's supplemental record by plaintiffs-respondents; and adjourning the appeals to the April 2018 Term (reply deadline,

March 9, 2018), and directing the cross-movants (M-39 , M-107)

to include a copy of this order as addenda to their respective reply briefs, and otherwise deny; plaintiff's motion for leave

to file a supplemental appendix is denied (M-73). ENTERED: February 13, 2018

_____________________ CLERK

Present: Hon. Rosalyn H. Richter, Justice Presiding, Angela M. Mazzarelli Troy K. Webber Cynthia S. Kern Jeffrey K. Oing, Justices

M-39

M-107

M-73

Index No. 100725/08