| Fisch v Wells Fargo Bank, N.A. |
| Motion No: 2020-01404 |
| Slip Opinion No: 2021 NY Slip Op 65893(U) |
| Decided on May 10, 2021 |
| 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
M277028
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
BETSY BARROS
ANGELA G. IANNACCI, JJ.
|
2020-01404 Benjamin Fisch, et al., appellants, v Wells Fargo Bank, N.A., respondent, et al., defendants. (Index No. 501915/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 24, 2019. Motion by the respondent for leave to serve and file a replacement respondent's brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, the respondent's brief and the appellants' reply brief are stricken, and on or before June 9, 2021, the respondent shall serve a replacement brief which discusses the issues raised by Freedom Mtge. Corp. v Engel (___ NY3d ___, 2021 NY Slip Op 01090, *2) but is otherwise the same in content as the original brief and raises no other new issues, and a upload digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the replacement brief in accordance with any applicable administrative order or other order to be issued by the Court.
DILLON, J.P., AUSTIN, BARROS and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court