| Davis v Netz Fund 801 Monroe LLC |
| Motion No: 2021-08720 |
| Slip Opinion No: 2024 NY Slip Op 76607(U) |
| Decided on October 18, 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. |
Appellate Division: Second Judicial Department
M300091
KS/
BETSY BARROS, J.P.
WILLIAM G. FORD
LAURENCE L. LOVE
PHILLIP HOM, JJ.
|
2021-08720 Earl R. Davis, respondent-appellant, v Netz Fund 801 Monroe LLC, et al., appellants-respondents. (Index No. 500001/2018)
| DECISION & ORDER ON MOTION |
Appeal and cross-appeal from an order of the Supreme Court, Kings County, dated September 24, 2021. Motion by the respondent-appellant to strike stated portions of the joint record on the ground that they contain matter dehors the record and stated portions of the appellants-respondents' reply brief on the ground that they improperly raise arguments 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 branch of the motion which is to strike stated portions of the joint record on the ground that they contain matter dehors the record is denied; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the appellants-respondents' reply brief on the ground that they improperly raise arguments for the first time in reply 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., FORD, LOVE and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court