JBar Reinforcement Inc. v Crest Hill Capital LLC

JBar Reinforcement Inc. v Crest Hill Capital LLC
Motion No: M-5161
Slip Opinion No: 2018 NYSlipOp 88604(U)
Decided on November 15, 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.



November 15, 2018

J-Bar Reinforcement Inc.,

Plaintiff-Respondent,

v

Crest Hill Capital LLC,

Defendant-Appellant.

- - - - - - - - - - - - - - -

J-Bar Reinforcement Inc.,

Plaintiff-Respondent,

v Index No. 650294/17

Mantis Funding LLC,

Defendant-Appellant.

Consolidated appeals having been taken to this Court by the defendant Crest Hill Capital LLC from an order of the Supreme Court, New York County, entered on or about October 5, 2017 (Index No. 650404/16), and by defendant Mantis Funding LLC, from an order of the same Court and Justice entered on or about October 6, 2017 (Index No. 650294/17), and said consolidated appeals having been perfected, And the defendants-appellants, in both actions, having jointly moved for an order disqualifying Raymond J. Markovich, Esq., as counsel for plaintiff-respondent in each action, and striking the brief filed by plaintiff-respondent on September 5, 2018 upon the grounds that respondent's counsel is a non-resident attorney not qualified to practice before this Court (M-4724), And plaintiff-respondent having cross-moved for an order striking portions of defendants-appellants' reply memorandum and exhibits to the extent that defendants have advanced arguments and submitted evidence, which was presented in support of defendants-appellants' motion (M-5161), 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 the motion (M-4724) to disqualify plaintiff-respondent's counsel is denied. The cross motion

(M-5161) to strike portions of defendants-appellants' reply memorandum and exhibits is denied.ENTERED: November 15, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Angela M. Mazzarelli Cynthia S. Kern Jeffrey K. Oing Anil C. Singh,Justices

M-5161

M-4724

Index No. 650404/16