Anthony Newell v Tina D. Bronston and Jose A. Javier

Motion No: M-452

Slip Opinion No: 2020 NYSlipOp 62582(U)

Decided on February 10, 2020

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.

February 10, 2020

Anthony Newell,

Plaintiff-Appellant,

v

Action No. 1

Tina D. Bronston and Jose A. Javier,,

Defendants-Respondents.

Tina Bronston, Plaintiff-Appellant, v M-452

Index No. 20478/14E

Jose A. Javier, Action No. 2 Defendant-Respondent, -and-

Anthony Newell and Arlene

Chevannes, Defendants.

------------------------------------x An appeal having been taken to this Court in Action No. 1 by plaintiff, Anthony Newell, from an order of the Supreme Court, Bronx County, entered on or about June 7, 2018, which granted the motion of defendant Bronston and the cross motion of defendant Javier for summary judgment, and said appeal having been perfected, And an appeal having been taken to this Court in Action No. 1 by defendant Bronston, served and filed by her attorneys as plaintiff in Action No. 2, from the aforesaid order of the Supreme Court, Bronx County, entered on or about June 7, 2018, insofar as it granted defendant Javier's motion for summary judgment, And an order of this Court (M-7112) having been entered on October 10, 2019, in Action No. 1, inter alia, reinstating Bronston's appeal, consolidating the concurrent appeals, and permitting Bronston to file a supplemental record, And defendant Bronston having moved to amend the caption in the perfected appeal in Action No. 1 to include the case caption in Action No. 2, and for leave to file a brief in opposition thereto as a defendant-respondent,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 that

the case caption is amended, as indicated, to include Action No. 2, and defendant Bronston is permitted to file a brief as defendant-respondent in opposition to the perfected appeal taken by plaintiff-appellant Anthony Newell in Action No. 1, on or before February 26, 2020, for the April 2020 Term. Plaintiff-appellant Newell, if so advised, shall be permitted to file a reply brief on or before March 6, 2020, for said Term.ENTERED: February 10, 2020

_____________________ CLERK

Present - Hon. Judith J. Gische,Justice Presiding, Barbara R. Kapnick Ellen Gesmer Peter H. Moulton,Justices

M-452

Index No. 302650/15