Areotek Inc. et al. v 757 3rd Avenue Associates LLC

Motion No: M-1035

Slip Opinion No: 2018 NYSlipOp 69239(U)

Decided on April 10, 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.

April 10, 2018

Areotek, Inc., et al.,

Plaintiffs-Respondents,

v

757 3rd Avenue Associates, LLC, Defendant-Appellant,

-and-

MEPT 757 Third Avenue, LLC,

Defendant.

An appeal having been taken to this Court from an amended order of the Supreme Court, New York County, entered on or about October 23, 2017, and said appeal having been perfected, And plaintiffs-respondents having moved for leave to file a supplemental record on appeal containing defendants' "Reply Memorandum of Law in Further Support of Motion to Dismiss by Defendant 757 3rd Avenue Associates, LLC," 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 denied. Sua sponte, those portions of plaintiff-respondents' brief at p. 17 and fn. 1 referring to the Memorandum of Law at issue are deemed stricken.ENTERED: April 10, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Peter Tom Jeffrey K. Oing Peter H. Moulton, Justices

M-1035

Index No. 654294/16