Flowers v Mombrun
Motion No: 2023-02704
Slip Opinion No: 2024 NY Slip Op 71997(U)
Decided on August 2, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298227

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2023-02704

Vera Flowers, appellant, v Mussolini

Mombrun, et al., defendants, Uber

Technologies, Inc., et al., respondents.

(Index No. 508598/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated February 1, 2023. Motion by the respondents, inter alia, in effect, to strike stated portions of the record on the ground they contain matters dehors the record and to direct the appellant to file a replacement record containing certain material.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to strike stated portions of the record and to direct the appellant to serve and file a replacement record are granted, pages 94 to 100 of the record are stricken, and on or before September 3, 2024, the appellant shall serve and file, via NYSCEF, a replacement record which does not contain the stricken material, contains a true and complete copy of Supreme Court NYSCEF Document No. 126, and is in all other respects the same as the record previously filed; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., WOOTEN, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court