Donald Whitaker Pauline Whitaker v Annette Williams PhD.

Motion No: M-984

Slip Opinion No: 2017 NYSlipOp 69426(U)

Decided on April 4, 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.

April 4, 2017

Donald Whitaker, Pauline Whitaker

and Ronald Whitaker,

Plaintiffs-Respondents,

v

Annette Williams, PhD.,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about April 1, 2016, and said appeal having been perfected, And, defendant-appellant having moved to annul this case in its entirety, to remove this case from defendant's credit report, to permanently enjoin plaintiffs from pursuing claims against defendant, and to require non-party Esplanade Gardens, Inc., to terminate plaintiffs' occupancy agreement, 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 is denied in its entirety. Entered: April 4, 2017

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Angela M. Mazzarelli Karla Moskowitz Marcy L. Kahn, Justices

M-984

Index No. 153441/13