| Union Mutual Fire Insurance Company v ZNIA LLC |
| Motion No: 2021-09107 |
| Slip Opinion No: 2023 NY Slip Op 75238(U) |
| Decided on October 18, 2023 |
| 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
M291546
AFA/
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2021-09107 Union Mutual Fire Insurance Company, plaintiff, v ZNIA LLC, defendant third-party plaintiff-appellant; United States Liability Insurance Company, third-party defendant- respondent, et al., third-party defendants. (Index No. 515930/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated October 1, 2021. Motion by the respondent to strike stated portions of the appellant's brief and stated portions of the record on the ground that they refer to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the appellant's brief and record are stricken, and on or before November 17, 2023, the appellant shall serve and file, via NYSCEF, a replacement brief that does not contain Point I and Point III and is in other respects the same as the brief previously filed, and a replacement record that does not contain the material currently included in the record at pages 479 through 1089.
BRATHWAITE NELSON, J.P., CHAMBERS, WARHIT and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court