George Malone & Company Inc. v E & M Associates et al.

Motion No: M-368

Slip Opinion No: 2018 NYSlipOp 65486(U)

Decided on March 1, 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.

March 1, 2018

George Malone & Company, Inc.,

Plaintiff-Appellant,

CONFIDENTIAL

v

E & M Associates, et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 22, 2017, and said appeal having been perfected, And plaintiff-appellant having moved for leave to file

a supplemental record on appeal to include a copy of the transcript of the oral argument of the motion and cross motion on November 9, 2016, as well as a copy of this Court's decision in Rachimani Corporation v 9 East 96th Street Apartment Corp., 211 AD2d 262 (1st Dept 1995),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-appellant to file a supplemental record on appeal to include Exhibits C and H to the moving papers, within 7 days of the date of entry hereof. ENTERED: March 1, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Peter Tom Angela M. Mazzarelli Jeffrey K. Oing, Justices

M-368

Index No. 150660/14