172 Van Duzer Realty Corp. v Globe Alumni Student Assistance Association Inc. et al.

Motion No: M-1880

Slip Opinion No: 2017 NYSlipOp 76996(U)

Decided on June 15, 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 15, 2017

172 Van Duzer Realty Corp.,

Plaintiff-Appellant,

v

Globe Alumni Student Assistance

Association, Inc., et al.,

Defendants-Respondents,

878 Education, LLC,

Non-Party Respondent.

An appeal having been taken to this Court from the

order of the Supreme Court, New York County, entered on or

about April 6, 2017, And, plaintiff-appellant having moved, pursuant to

CPLR 5518, for a preliminary appellate injunction, enjoining

non-party respondent 878 Education, LLC from transferring or otherwise disposing of certain monies believed to be in its possession in which defendant-respondent Globe Institute of Technology, Inc., is believed to have an interest, pending hearing and determination of the aforesaid appeal (M-1880), 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 (M-1880). Plaintiff's motion for a stay (M-1849) is withdrawn pursuant

to a stipulation between the parties dated April 17, 2017. ENTERED: June 15, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer, Justices

M-1880

M-1849

Index No. 113137/09