Getty Properties Corp. et al. v 1714 New York Ave. LLC 292

Motion No: M-6150

Slip Opinion No: 2017 NYSlipOp 62786(U)

Decided on January 10, 2017

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.

January 10, 2017

Getty Properties Corp., et al.,

Plaintiffs-Respondents-Appellants,

v

1714 New York Ave. LLC, 292

Railroad Ave., LLC, 286 Ashburton

Ave., LLC and Frank Mascolo,

Defendants-Respondents,

-and-

Getty Petroleum Marketing Inc., 1314 Sedgwick Ave. LLC, 262-12 Hillside Ave. LLC also known as

262 Hillside Ave LLC, 1224

Route 22 LLC, 310 Bay Shore

Road LLC, 751 White Plains Road

LLC, 1245 Nepperham Ave. LLC,

26-27 College Point Boulevard #2

LLC, 2 Montauk Highway LLC,

600 White Plains Road LLC,

857 Rt. 6 Mahopac LLC, 49-25 Van

Dam Street LLC, also known as

49-25 Vandam Street LLC, 31-05

Queens Blvd. LLC, also known as

31-05 Queens Blvd LLC, 69 BK Street

LLC, also known as 69 BK Street,

LLC, 67 Quaker Ridge Road LLC,

One Pleasantville Road LLC, 894

Route 109, LLC, 185 East Lincoln

Avenue LLC, Robert G. Del Gadio,

Defendants-Appellants-Respondents.

Appeals and a cross-appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about July 6, 2016, and said appeals and cross appeal having been perfected, And, 1714 New York Ave., LLC, 292 Railroad Ave., LLC, 286 Ashburton Ave., LLC, and Frank Mascalo the "292 Railroad Ave. defendants" having moved to dismiss plaintiffs' cross-appeal, or in the alternative for leave to file a brief as respondents on plaintiffs' cross-appeal, Now, upon reading and filing the papers with respect to

the motion, and due deliberation having been had thereon, It is ordered that the motion, to the extent it seeks dismissal of the cross-appeal, is denied, without prejudice to advancing such argument directly on the appeal. The 292 Railroad Ave. defendants are granted leave to file a respondents brief for the May 2017 Term to which Term the appeal and cross-appeal are adjourned; defendants are directed to file a response brief to plaintiffs' cross-appeal on or before March 22, 2017 for said Term. Plaintiffs are granted leave to file a supplemental reply brief limited to addressing he Railroad Ave. defendants brief. ENTERED: January 10, 2017.

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Karla Moskowitz Sallie Manzanet-Daniels, Justices

M-6150

Index No. 651762/12