Primus Pacific Partners 1 LP v Goldman Sachs Group Inc. et al. .

Motion No: M-1561

Slip Opinion No: 2019 NYSlipOp 67465(U)

Decided on April 5, 2019

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.

April 5, 2019

Primus Pacific Partners 1, LP,

Plaintiff-Appellant,

v

Goldman Sachs Group, Inc., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about November 17, 2017, and said appeal having been perfected, And an order of this Court having been entered on January 15, 2019 (M-5892/M-5925) granting defendants-respondents' motion (M-5892) to strike plaintiff-appellant's reply brief, and directing plaintiff-appellant to resubmit a reply brief without reference to the four documents at issue that were filed in two criminal cases in the United States District Court for the Eastern District of New York (the EDNY Filings), and denying plaintiff-appellant's cross motion (M-5925) to take judicial notice of EDNY Filings, And plaintiff-appellant having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the aforesaid order of this Court entered January 15, 2019 (M-5892/M-5925),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. ENTERED: April 5, 2019

_____________________ CLERK

The following order was entered and filed on April 5, 2019:

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Peter Tom Cynthia S. Kern Anil C. Singh,Justices

M-1561

Index No. 653885/16