AQ Asset Management LLC

Motion No: M-2391

Slip Opinion No: 2017 NYSlipOp 75995(U)

Decided on June 6, 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.

June 6, 2017

AQ Asset Management LLC (as Successor

of Artist House Holdings, Inc.),

et al.,

Plaintiffs-Respondents,

v

Michael Levine (in his capacity as

Escrow Agent),

Defendant-Respondent-Appellant,

-and-Habsburg Holdings Ltd., et al.,

Defendants-Appellants-Respondents.

- - - - - - - - - - - - - - -

Michael Levine, as Escrow Agent,

Interpleader Counterclaimant,

v

AQ Asset Management LLC (as Successor

of Artist House Holdings, Inc.),

et al.,

Interpleader-Claimants.

An appeal and cross appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about July 18, 2016, and said appeal and cross appeal having been perfected, And, defendants-appellants-respondents, Osvaldo Patrizzi

and Habsburg Holdings Ltd., having moved for dismissal of the cross appeal for failure to pay one-half of the cost of the

joint record, or for alternative relief, 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, with costs in connection with the printing of the record to abide the appeal. ENTERED: June 6, 2017

_____________________ CLERK

Present - Hon. Peter Tom, Justice Presiding, John W. Sweeny, Jr. Richard T. Andrias Karla Moskowitz Sallie Manzanet-Daniels, Justices

M-2391

Index No. 652367/10