| Yi Jiang Pai v Nelson Senior Housing Development Fund Corporation |
| Motion No: 2020-05934 |
| Slip Opinion No: 2022 NY Slip Op 66625(U) |
| Decided on May 27, 2022 |
| 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
M283195
MB/
BETSY BARROS, J.P.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
DEBORAH A. DOWLING, JJ.
|
2020-05934 Yi Jiang Pai, et al., appellants-respondents, v Nelson Senior Housing Development Fund Corporation, et al., defendants, L. Riso & Sons, Co., Inc., defendant third-party plaintiff-respondent- appellant, Excelsior II Housing Development Fund Corporation, et al., defendants-respondents-appellant KJ Kwok Construction, Inc., et al., third-party defendants-respondents. (Index No. 701805/2017)
| DECISION & ORDER ON MOTION s; |
Appeal and cross appeal from an order of the Supreme Court, Queens County, dated July 13, 2020. Motion by the third-party defendant-respondent KJ Kwok Construction, Inc. to strike stated portions of the appellants-respondents' replacement reply brief on the ground that it refers to matter dehors the record and improperly raises issues for the first time in reply.
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 and cross appeal for determination upon the argument or submission thereof.
BARROS, J.P., RIVERA, CHAMBERS and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court