| 319 Fifth avenue Realty v 319 Smile Corp., et al. |
| Motion No: 570773/07 |
| Slip Opinion No: 2007 NYSlipOp 81015(U) |
| Decided on October 18, 2007 |
| Appellate Term, First 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. |
October 18, 2007
319 Fifth avenue Realty v 319 Smile Corp., et al.
It is Ordered that the motion is granted only to the extent of permitting the record on appeal to include the January 3, 2006 order of the trial court denying the appellant's motion for summary judgment dismissing the petition, along with the moving and opposing papers. The motion for a stay is denied, without prejudice to renew in the trial court, if so advised.
By: McKeon, P.J., Davis, Schoenfeld, J.J.
Motion No. 570773/07