Joseph Brunner Abraham Mandel; v the Estate of Chaim Lax Deceased

Motion No: M-4029

Slip Opinion No: 2016 NYSlipOp 95980(U)

Decided on December 5, 2016

Appellate Division, 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.

December 5, 2016

Joseph Brunner, Abraham Mandel;

Jbam Realty LLC,

Plaintiffs-Respondents,

v

The Estate of Chaim Lax, Deceased,

Defendant-Appellant,

Diamond Dynamics, LLC,

Defendant-Appellant,

Moshe Lax, as Executor of the Estate

of Chaim Lax, et al.,

Defendants,

E. Dogwood LLC, Prudence LLC

and Silence LLC,

Non-Party Movants.

Appeals having been taken by defendant, The Estate of Chaim Lax, from orders of the Supreme Court, New York County, entered on or about July 21, 2016 and August 9, 2016, And, interim orders having been granted by a Justice of this Court dated August 10, 2016, staying that part of the July 21, 2016 order which directed Morrison Cohen to produce certain documents as set further in the order, And, defendant-appellant, The Estate of Chaim Lax, having moved to stay all proceedings in Supreme Court, pending determination of the appeal, to the extent that The Estate's attorneys are required to produce financial documents of the non-parties to the July 21, 2016 discovery order, And, non-party movants, E. Dogwood LLC, Prudence LLC

and Silence LLC, having moved for leave to appeal to this Court from the order of Supreme Court, New York County, entered on or about August 9, 2016, and said application having been denied

by order of a Justice of this Court, dated December 5, 2016.

See M-4033, decided simultaneously herewith, And, non-party movants, having also moved for a protective order staying the July 21, 2016 discovery order to the extent that such order compels the disclosure of information concerning the non-parties and directing other relief, pending the determination of the appeal, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motions are denied. The interim orders dated, August 10, 2016, are vacated. See M-4033, decided simultaneously herewith.ENTERED: December 5, 2016

_____________________ CLERK

Present: Hon. Karla Moskowitz, Justice Presiding, Paul G. Feinman Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices

M-4029

M-4033A

Index No 651013/14