REEC West 11th Street LLC v 246 West 11th St. Realty Corp. et al. .

Motion No: M-1976

Slip Opinion No: 2017 NYSlipOp 72267(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

REEC West 11th Street LLC,

Plaintiff-Appellant,

v

246 West 11th St. Realty Corp., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 11, 2017, And plaintiff-appellant having moved for a preliminary appellate injunction, pursuant to CPLR §§ 5518 and 5519(c), voiding and vacating all time of the essence closing notices issued by defendant extending the closing date to June 30, 2017; enjoining defendant from terminating or otherwise interfering with plaintiff's contractual and equitable rights to the property in question; enjoining defendant and the escrow agents from releasing the down payment held in escrow in the amount of $360,000, and directing that defense counsel deposit those funds with the Clerk of the Court; enjoining defendant from withholding from plaintiff reasonable access to the premises on reasonable notice; and staying execution and enforcement of the order pending hearing and determination of the appeal taken therefrom, 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. ENTERED: May 2, 2017

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Richard T. Andrias Karla Moskowitz Paul G. Feinman Barbara R. Kapnick,Justices

M-1976

Index No. 651014/17