Estate of Margaret Kainer and the v UBS AG a Swiss corporation UBS Global Asset

Motion No: M-5918

Slip Opinion No: 2018 NYSlipOp 91720(U)

Decided on December 27, 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.

December 27, 2018

Estate of Margaret Kainer, and the

following individuals as heirs of

Margaret Kainer: Kurt Beck also known as Curt

Beck as Executor of the Estate of Ann Beck,

Janet Corden as Executor of the Estate of

Gerald Corden, Martin Corden as Executor of

the Estate of Gerald Corden, Simon Corden as

Executor of the Estate of Gerald Corden,

Warner Max Corden, Firelei Magali Cortes

Gruenberg, Matilde Labbe Gruenberg, Hernan

Labbe Gruenberg, Peter Littman, Hernan Renato

Cortes Ramos and Equity Trustees Limited as Executor of the Estate of Elli Alter, Plaintiffs-Appellants,

v

UBS AG, a Swiss corporation, UBS Global Asset

Management (Americas), Norbert Stiftung formerly

known as Norbert Levy Stiftung, a purported Swiss

foundation, Edgar Kircher and Christie's Inc.,

Defendants-Respondents,

-and-

John Does 1-X, including a possessor of a

painting entitled Danseuses by Edgar Degas,

circa 1896,

Defendants.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about October 31, 2017, and said appeal having been perfected, And defendants-respondents having moved for leave to supplement the record on appeal to include the transcript of a hearing held on October 16, 2014, 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 granted to the extent that defendants are granted leave to file a supplemental record, containing the hearing transcript dated October 16, 2014, if so advised, at their own expense, and it is further, Ordered, sua sponte, that the time in which to perfect the appeal is enlarged to the April 2019 Term. ENTERED: December 27, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern,Justices

M-5918

Index No. 650026/13