Philippe Buhannic and Patrick Buhannic v TradingScreen Inc. Pierre Schroeder Giampiero Grandi Frank Placenti

Motion No: M-4977

Slip Opinion No: 2018 NYSlipOp 87326(U)

Decided on October 30, 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.

October 30, 2018

Philippe Buhannic and Patrick Buhannic,

Individually and derivatively on behalf

of TrandingScreen, Inc.,

Plaintiffs-Appellants,

v

TradingScreen, Inc., Pierre Schroeder,

Giampiero Grandi, Frank Placenti,

Robert Trudeau, TCV VI, L.P., and

TCV Member Fund, L.P.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about

December 13, 2017, and said appeal having been perfected, And plaintiffs-appellants having moved for leave to file a supplemental appendix and for a calendar preference in hearing of the appeal (M-4860), And defendant-respondent TradingScreen, Inc., having moved to strike certain those portions of the brief and appendix that reference non-record material (M-4977),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 by plaintiffs-appellants is denied (M-4860). The motion by defendant-respondent is granted to the extent of deeming the following pages struck from plaintiffs' appendix: pp.31, 33-37, 99-100, 203-205 and deeming struck those portions of the appellate brief found at pp.i, 14 n, 34, 15 and 19, related to the aforementioned exhibits.ENTERED: October 30, 2018 CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Jeffrey K. Oing Peter H. Moulton, Justices

M-4977

M-4860

Index No. 653624/16