Brian Gray v J.P. Morgan Chase Bank N.A. etc.

Motion No: M-3036

Slip Opinion No: 2019 NYSlipOp 75148(U)

Decided on July 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.

July 16, 2019

Brian Gray,

Plaintiff-Respondent,

v

J.P. Morgan Chase Bank N.A., etc.,

Defendant-Appellant,

Stanley Stahl, etc., et al.,

Defendants.

JP Morgan Chase Bank NA, etc., Third-Party Plaintiff-Appellant, v

Knoll, Inc. and Evensonbest LLC, Third-Party Defendants- Respondents.

---------------------------------x

JP Morgan Chase Bank NA, etc., Second Third-Party Plaintiff- Appellant-Respondent, v

Cauldwell Wingate Co., Second Third-Party Defendant-Respondent-Appellant. - - - - - - - - - - - - - - [And third-party actions.]

---------------------------------x An appeal and cross appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about January 4, 2019, And second third-party defendant-respondent-appellant Cauldwell-Wingate (Cauldwell) having moved (1) for leave to file a supplemental record on appeal to include Cauldwell's notice of appeal, the order appealed from, the relevant pleadings, and the papers filed in support and in opposition to the motions filed on behalf of Cauldwell and co-defendant JP Morgan Chase Bank (Chase); (2) setting a briefing schedule; and (3) finding that Cauldwell has no obligation to share in the cost of the record on appeal filed by Chase, 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 of permitting Cauldwell to file a supplemental record consisting of such documents from the record of this matter, if any, not already included in defendant-appellant Chase's record on appeal; the motion is otherwise denied. ENTERED: July 16, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3036

Index No. 110738/11