John Hon et al. v Prince Development Company LLC et al.

Motion No: M-2727

Slip Opinion No: 2018 NYSlipOp 76671(U)

Decided on July 3, 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.

July 3, 2018

John Hon, et al.,

Plaintiffs-Respondents,

v

Prince Development Company LLC,

et al.,

Defendants,

Wang Real Property, LLC, Roug Kang

Wang and Stella Wang,

Non-Party Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 10, 2017,

and said appeal having been perfected, And plaintiffs-respondents having moved for dismissal

of the aforesaid appeal or, in the alternative, to strike the brief and appendix of non-party appellants for failure to comply with CPLR 5528 and Rule 600.10 of this Court, or in the alternative, extend the time for plaintiffs to file a respondents' brief, 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 insofar as it seeks to dismiss the appeal or, in the alternative, to strike appellants' brief and appendix, without prejudice to plaintiffs advancing arguments directly on appeal and without prejudice to the submission of a supplemental appendix, with costs, to abide the submission. The perfected appeal is adjourned to the October 2018 Term. ENTERED: July 3, 2018

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Peter Tom Angela M. Mazzarelli Anil C. Singh, Justices

M-2727

Index No. 602236/04