Robert L. Pritsker v Zamansky LLC and Jacob Zamansky

Motion No: M-1766

Slip Opinion No: 2020 NYSlipOp 68534(U)

Decided on July 16, 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 16, 2020

Robert L. Pritsker,

Plaintiff-Appellant,

v

Zamansky LLC and Jacob Zamansky,

Defendants-Respondents.

Defendants-respondents having moved to dismiss the appeal taken from an order of the Supreme Court, New York County, entered on or about September 18, 2019, or in the alternative, to strike the appendix, direct plaintiff-appellant to file a revised appendix, and to extend defendants-respondents' time to file their respondents' 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 motion is granted to the extent of striking the appendix and directing plaintiff-appellant to file a revised appendix by September 8, 2020 for the November 2020 Term, to which Term the perfected appeal is adjourned. Plaintiff-appellant's replacement appendix shall include all papers and exhibits filed by both sides on the defendants' motion to dismiss the complaint and exclude all documents not previously submitted to Supreme Court on the motion. Defendants-respondents are to file their respondents' brief by October 8, 2020. ENTERED: JULY 16, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-1766

Index No. 154320/19