Jar, LLC v Mapelwood Gardens Apt. Corp.
Motion No: 2007-05632
Slip Opinion No: 2007 NYSlipOp 76089(U)
Decided on August 20, 2007
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

M58702

E/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-05632

JAR, LLC, respondent-appellant, v Maplewood

Gardens Apt. Corp., appellant-respondent,

et al., defendants.

(Index No. 7099/03)

DECISION & ORDER ON MOTION

Motion by the defendant Maplewood Gardens Apt. Corp. for leave to appeal to this court from an order of the Supreme Court, Nassau County, dated May 18, 2007, and, inter alia, to stay enforcement of stated portions of the order pending hearing and determination of the appeal.

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 for leave to appeal is granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the court's own motion, the plaintiff's notice of cross appeal is deemed to be an application for leave to cross appeal and leave to cross appeal is granted.

GOLDSTEIN, J.P., SKELOS, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court