| J.R.C. Contracting/Ren, Inc. v 421 Kent Development, LLC |
| Motion No: 2019-02738 |
| Slip Opinion No: 2020 NY Slip Op 69424(U) |
| Decided on July 31, 2020 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M272175
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2019-02738 J.R.C. Contracting/Ren, Inc., etc., appellant, v 421 Kent Development, LLC, etc., respondent, et al., defendant. (Index No. 509854/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated January 9, 2019. Motion by the respondent to strike stated portions of the appellant's reply brief on the ground that they refer to matter dehors the record, or, in the alternative, for leave to file a sur-reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., LEVENTHAL, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court