Three Amigos SJL Rest. Inc. v 250 West 43 Owner LLC et al.

Motion No: M-1278

Slip Opinion No: 2017 NYSlipOp 72266(U)

Decided on May 2, 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.

May 2, 2017

Three Amigos SJL Rest., Inc.,

Plaintiff-Respondent,

v

250 West 43 Owner LLC, et al., Defendants-Appellants,

Alphonse Hotel Corp.,

Defendant.

Plaintiff-respondent having moved for reargument of, or in the alternative, for leave to appeal to the Court of Appeals, from the decision and order of this Court, entered on

November 15, 2016 (Appeal No. 2186), which unanimously reversed the order of the Supreme Court, New York County, entered on September 29, 2015; and for a stay of proceedings pending hearing and determination of its purported appeal taken from the judgment of said Court and Justice, entered on or about November 22, 2016,

[M-740], And defendant-appellant having cross-moved to dismiss the aforesaid purported appeal [1278], Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion for reargument and related relief is denied in its entirety [M-740]. The cross-motion is granted and the purported appeal is dismissed [M-1278]. ENTERED: May 2, 2017

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Karla Moskowitz Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer, Justices

M-1278

M-740

Index No. 162228/14