Lamar Vanterpool v Crotona Terrace Apartments L.P. MHD Com. Housing and Wavecrest Management

Motion No: M-931

Slip Opinion No: 2019 NYSlipOp 68077(U)

Decided on April 16, 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 16, 2019

Lamar Vanterpool,

Plaintiff-Appellant,

v

Crotona Terrace Apartments, L.P., MHD

Com. Housing, and Wavecrest Management

Ltd.,

Defendants-Respondents.

An appeal having been taken to this Court from an order of Supreme Court, Bronx County, entered on or about September 14, 2018, and the appeal having been perfected, And defendants-respondents having moved for an order (1) striking those portions of plaintiff's reply brief that allegedly improperly advance arguments for the first time on appeal; (2) directing plaintiff to re-file his reply brief excluding the stricken material; and (3) granting defendants-respondents leave to file a sur-reply addressing new arguments raised on appeal, 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, without prejudice to defendants-respondents raising their substantive arguments regarding Point II of plaintiff's reply brief, at oral argument. ENTERED: April 16, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Judith J. Gische Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-931

Index No. 304839/15