| A & A Fabrication and Polishing Corporation v Funding Metrics, LLC |
| Motion No: 2021-04584 |
| Slip Opinion No: 2026 NY Slip Op 62548(U) |
| Decided on February 18, 2026 |
| 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
M311298
ID/
VALERIE BRATHWAITE NELSON, J.P.
LINDA CHRISTOPHER
LOURDES M. VENTURA
DONNA-MARIE E. GOLIA, JJ.
|
2021-04584, 2021-05599 A & A Fabrication and Polishing Corporation, et al., appellants, v Funding Metrics, LLC, etc., et al., respondents. (Index No. 50486/2021)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Westchester County, dated May 11, 2021, and a judgment of the same court dated July 2, 2021. Motion by the respondents, inter alia, in effect, to dismiss the appeals pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased appellant Amanda Henderson. Separate motion by the respondents to strike stated portions of the appellants' reply brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion, inter alia, in effect, to dismiss the appeals pursuant to CPLR 1021 for failure to timely substitute a personal representative for the deceased appellant Amanda Henderson is granted to the extent that the appeals, insofar as taken by the deceased appellant Amanda Henderson, are dismissed, without costs and disbursements (see CPLR 1021), the deceased appellant Amanda Henderson's appearance is stricken from the briefs previously filed on her behalf, the caption is amended accordingly, and that motion is otherwise denied; and it is further,
ORDERED that the motion to strike stated portions of the appellants' reply brief is granted, the material on page 18 of the appellants' reply brief beginning with the words "Extrinsic evidence can," and ending with words "deeper in debt," and footnotes 10, 11 and 13 of the appellants' reply brief are stricken, and on or before March 20, 2026, the appellant A & A Fabrication and Polishing Corporation shall serve and file a replacement reply brief that does not contain the stricken material and is in other respects the same as the reply brief previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload digital copies of the replacement brief, with proof of service thereof, through the digital portal on this Court's website.
BRATHWAITE NELSON, J.P., CHRISTOPHER, VENTURA and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court