Aleida E. Casanas v the Carlei Group LLC and Richard M. Casanas

Motion No: M-3824

Slip Opinion No: 2019 NYSlipOp 79151(U)

Decided on September 10, 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.

September 10, 2019

Aleida E. Casanas,

Plaintiff-Appellant,

v

The Carlei Group, LLC and

Richard M. Casanas,

Defendants-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about January 17, 2018, and the appeal having been perfected, And defendants-respondents having moved for an order: (i) striking the entirety of the record on appeal except for the papers associated with defendants-respondent' motion for summary judgment (pp. 4-46; 870-1202); (ii) striking the entirety of the preliminary statement in plaintiff-appellant's brief to the extent that it contains factual statements for which no record citations are provided, including without limitation, the section entitled "where we came from" (pp. 10-18), as well as any other factual assertion in the brief for which a record citation is not provided; and (iii) adjourning the aforesaid appeal, And an order of a Justice of this Court, dated August 6, 2019, denied defendants-respondents' interim relief motion to strike certain portions of the brief and record, 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: September 10, 2019

_____________________ CLERK

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

M-3824

Index No. 153156/16