| David Friedman & Rachel Friedman, A N.Y. Ltd. Liab. Co. v Ben "benjamin" Eisner |
| Motion No: 2005-00864 kc |
| Slip Opinion No: 2006 NYSlipOp 74804(U) |
| Decided on August 1, 2006 |
| Appellate Term, 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 TERM : 2nd and 11th JUDICIAL DISTRICTS
| DAVID FRIEDMAN AND RACHEL FRIEDMAN, A N.Y. LIMITED LIABILITY COMPANY, Respondents, -against- BEN "BENJAMIN" EISNER, Appellant, -and- "JOHN DOE" EISNER, Undertenant. |
DECISION
That branch of the motion by landlords-respondents to dismiss appeal for failure to prosecute is denied, and appeal shall be perfected by November 3, 2006.
That branch of the motion to release funds deposited with the court below is denied.
Ordered that in the event the appeal is not perfected on or before November 3, 2006, the court on its own motion, may dismiss the appeal, or the respondents may apply to dismiss the appeal on three days notice, and may serve such application in person.