| X&Y Development Group, LLC v Epic Tower, LLC |
| Motion No: 2016-07536 |
| Slip Opinion No: 2016 NY Slip Op 81901(U) |
| Decided on August 9, 2016 |
| 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
M216198
E/sl
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
FRANCESCA E. CONNOLLY, JJ.
|
2016-07536 X & Y Development Group, LLC, plaintiff, v Epic Tower, LLC, et al., defendants. (Index No. 707065/16)
| DECISION & ORDER ON MOTION |
Motion by Epic Tower, LLC, AAA General Construction Corp., and Yin Chou Hu for leave to appeal to this Court from an order to show cause of the Supreme Court, Queens County, dated July 19, 2016, to stay enforcement of a temporary restraining order contained in the order to show cause pending hearing and determination of the appeal, and to vacate the temporary restraining order pursuant to CPLR 5704.
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 denied; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of a temporary restraining order contained in the order to show cause is denied as academic; and it is further,
ORDERED that the branch of the motion which is to vacate the temporary restraining order pursuant to CPLR 5704 is denied.
BALKIN, J.P., SGROI, COHEN and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court