Massachusetts Bay Transportation v Citco Fund Services

Motion No: M-3299

Slip Opinion No: 2018 NYSlipOp 78648(U)

Decided on July 26, 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 26, 2018

Massachusetts Bay Transportation

Authority Retirement Fund, et al.,

Plaintiffs-Respondents,

-and- Fletcher International, Ltd.,

Plaintiff,

v

Citco Fund Services (Cayman Islands),

Ltd., et al.,

Defendants-Appellants,

-and-

Citco Fund Services (Suisse)

and S.A., et al.,

Defendants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about January 22, 2018,

and said appeal having been perfected, And defendants-appellants having moved for this Court to take judicial notice of certain documents submitted with their moving papers (M-3194), And plaintiffs-respondents having cross-moved to strike defendants' moving brief and to order defendants to re-file

said brief without references to documents outside the record

(M-3299), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that defendants' motion is granted to the extent of taking judicial notice of the Montgomery briefs and

is denied as to the bankruptcy affidavit (M-3194). Plaintiffs-respondents' cross motion is granted to the extent of deeming struck the discussion of the bankruptcy affidavit at pages 11-12, 26-27, and 37-28 of defendants' appellate brief, and is otherwise denied (M-3299). ENTERED: July 26, 2018

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3299

M-3194

Index No. 651446/15