ROBYN GRAMMATICO AND LOUIS GRAMMATICO V JAMES R. LAMAR, D.M.D., FRANK R. LAMAR, JR., D.D.S., ELMWOOD DENTAL
Motion No: CA 23-00087 & CA 23-00466
Slip Opinion No: 2023 NY Slip Op 75778(U)
Decided on October 24, 2023
Appellate Division, Fourth 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.


October 24, 2023

PRESENT: WHALEN, P.J., LINDLEY, MONTOUR, OGDEN, AND DELCONTE, JJ.

CA 23-00087 & CA 23-00466

ROBYN GRAMMATICO AND LOUIS GRAMMATICO,

PLAINTIFFS-APPELLANTS,

V

JAMES R. LAMAR, D.M.D., FRANK R. LAMAR, JR., D.D.S.,

ELMWOOD DENTAL GROUP-IMPLANT AND RESTORATION, P.C., AND

ELMWOOD DENTAL GROUP-FAMILY, P.C., DEFENDANTS-RESPONDENTS.


Plaintiff-appellant having appealed from orders of the Supreme Court, Monroe County, entered November 30, 2022, and March 7, 2023, and plaintiff having moved pursuant to, inter alia, CPLR 4511 for judicial notice of her memorandum of law, dated October 27, 2022, and defendants-respondents having cross moved to strike pages 2 and 3 of plaintiff's reply brief,

Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,

It is hereby ORDERED that plaintiff's motion is denied, and

It is further ORDERED, that defendants' cross motion is granted.

Entered: October 24, 2023

Ann Dillon Flynn

Clerk of the Court