Residential Board of Millennium Point v Condominium Board of Millennium Point Diego Rico Jane Davison Amy Press

Residential Board of Millennium Point v Condominium Board of Millennium Point Diego Rico Jane Davison Amy Press
Motion No: M-3851
Slip Opinion No: 2019 NYSlipOp 78698(U)
Decided on August 27, 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.



August 27, 2019

Residential Board of Millennium Point,

a condominium located at 10 West Street,

New York, New York, Richard Paige, Sol

Reischer and Vinton Thompson, as members

of the Residential Board, and Joseph

Spinelli, as a Unit Owner of the

Millennium Point Condominium,

Plaintiffs-Respondents-Appellants,

v

Condominium Board of Millennium Point,

Diego Rico, Jane Davison, Amy Press,

MPE Hotel 1 (Downtown New York) LLC,

MPE Hotel 1 Tenant (Downtown New York)

LLC, Commercial Board of Millennium Point,

Defendants-Appellants-Respondents,

Westbrook Partners, Inc.,

Defendant,

-and-

Westbrook Partners, L.L.C., The Leading

Hotels of the World, Ltd, and Highgate

Hotels, L.P.,

Defendants-Respondents,

The Hugh L. Carey Battery Park

City Authority,

Nominal Defendant.

Appeals having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 23, 2018, and defendants-appellants-respondents having perfected their appeal, And plaintiffs-respondents-appellants having moved to strike defendants' opening brief, or at least Point I, or in the alternative, to supplement the record with a business document which was prepared by defendants' counsel marked as Exhibit 9, 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 granting plaintiff leave to file a supplemental record consisting of the aforesaid exhibit and is otherwise denied. The appeals are adjourned to the November 2019 Term.ENTERED: August 27, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. Angela M. Mazzarelli,Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-3851

Index No. 651238/18