Haim Zitman v Sutton LLC et al.

Motion No: M-1496

Slip Opinion No: 2019 NYSlipOp 71249(U)

Decided on May 28, 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.

May 28, 2019

Haim Zitman,

Plaintiff-Appellant,

v

Sutton LLC, et al.,

Defendants-Respondents.

Plaintiff-appellant having moved for leave to prosecute, as a poor person, the appeal taken from the order of the Supreme Court, New York County, entered on or about September 6, 2018, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon,It is ordered that said motion is denied, with leave to renew upon defendant's submission of a detailed notarized affidavit, pursuant to CPLR 1101(a) and 22 NYCRR 1250.4(d)(1) and (2), setting forth, inter alia, the amount and sources of funds used to retain trial counsel, Robert Elan, Esq., the disposition thereof, and an explanation as to why similar funds are not available to prosecute the appeal. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.) ENTERED: May 28, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Peter Tom Peter H. Moulton,Justices

M-1496

Index No. 652015/18