Betty Cohen and Martin Cohen v Sive Paget & Riesel P.C.

Motion No: M-1769

Slip Opinion No: 2020 NYSlipOp 68535(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

Betty Cohen and Martin Cohen,

Plaintiffs-Appellants,

v

Sive, Paget & Riesel, P.C.,

Defendant-Respondent.

An appeal having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about April 2, 2019; and from an order of the same court, entered on or about April 4, 2019, and the appeal having been perfected, And defendant-respondent having moved, for an order (1) striking the documents submitted with plaintiffs-appellants'

May 8, 2020 correspondence as dehors the record; and (2) striking those portions of plaintiffs-appellants' Reply Brief which are based on materials dehors the record, Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of that the documents submitted with plaintiffs-appellants' May 8, 2020 correspondence, and any reference thereto in appellant's reply brief, are hereby deemed stricken.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-1769

Index No. 154650/13