KDA Incorporated v Mohegan Lake Gas Mart, Inc. formerly known as
Motion No: 2017-02297
Slip Opinion No: 2017 NY Slip Op 69583(U)
Decided on April 5, 2017
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

M229043

E/ct

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-02297

KDA Incorporated, et al., plaintiffs, v Mohegan

Lake Gas Mart, Inc., formerly known as Friendly

Service Mohegan, et al., defendants.

(Index No. 53556/16)

DECISION & ORDER ON MOTION

Motion by KDA Incorporated and James Keh for leave to appeal to this Court from so much of an order of the Supreme Court, Westchester County, dated March 3, 2017, as, inter alia, directed them to cooperate in the "re-branding" of the subject gas station, and to stay enforcement of that portion of the order, pending hearing and determination of the appeal.

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 motion is otherwise denied as academic.

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court