Breen v 100 Berry Realty, LLC
Motion No: 2011-03208
Slip Opinion No: 2011 NY Slip Op 71715(U)
Decided on May 4, 2011
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

M119515

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

SANDRA L. SGROI, JJ.

2011-03208

Mary Breen, respondent,

v 100 Berry Realty, LLC, et al., appellants.

(Index No. 350/11)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Kings County, dated March 14, 2011, pursuant to CPLR 5518 to vacate the preliminary injunction contained in the order dated March 14, 2011, or pursuant to CPLR 6312 to fix an undertaking.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ANGIOLILLO, J.P., DICKERSON, BELEN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court