Michael Hedges as Guardian Ad Litem of v Planned Security Service Inc.

Motion No: M-1263

Slip Opinion No: 2020 NYSlipOp 68081(U)

Decided on July 2, 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.

July 2, 2020

Michael Hedges, as Guardian Ad Litem of

Marion Hedges, An Incapacitated Person, and

Michael Hedges, Individually, and

Dayton Hedges,

Plaintiffs-Respondents,

v

Planned Security Service, Inc.,

Defendant-Respondent-Appellant,

Tiago Holding, LLC, Blumenfeld Development

Group, Ltd., Forest City Enterprise, Inc.,

Forest City Ratner Companies, Inc., ERP

Management, LLC.,

Defendants-Appellants-Respondents,

Target Corporation, Costco Wholesale

Corporation and Bob's Discount Furniture

of NY, LLC,

Defendants-Respondents,

-and-

East River Plaza, LLC,

Defendant.

Appeals having been taken by defendants-appellants from orders of the Supreme Court, New York County, entered on or about January 19, 2018 and May 9, 2019, and from a judgment of the same court entered on or about July 24, 2019, and the consolidated appeal having been perfected, And defendant-respondent Target Corporation, having moved to dismiss the appeal insofar as it is adverse to Target, or in the alternative, to direct defendants-appellants to serve and file a

supplemental appendix, and for an award of costs and attorney's fees and an extension of time to file a respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to dismiss the appeal is denied without prejudice to movant advancing its arguments in favor of dismissal in its respondent's brief. The branch of the motion seeking to direct defendants-appellants to file a supplemental appendix is granted to the extent that defendants-appellants are directed to file a supplemental appendix to include the movant's memoranda of law. The branch of the motion seeking costs and attorney's fees in relation to this motion is denied. ENTERED: July 2, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Anil C. Singh Lizbeth GonzÁlez, Justices

M-1263

Index No. 101854/12