Christopher Brummer v Benjamin Wey FNL Media LLC and

Motion No: M-3328

Slip Opinion No: 2017 NYSlipOp 81412(U)

Decided on August 1, 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.

August 1, 2017

Christopher Brummer,

Plaintiff-Respondent,

v

Benjamin Wey, FNL Media LLC, and

NYG Capital LLC, doing business

as New York Global Group,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 6, 2017, And defendants-appellants having moved, pursuant to

CPLR 5519(c), to stay the aforesaid order which, without an evidentiary hearing, granted plaintiff's motion for a preliminary injunction and temporary restraining order: (1) enjoining defendants from posting any article about plaintiff to the website TheBlot.com for the duration of the action; and (2) ordering defendants to remove from TheBlot.com all articles

they have posted which concern plaintiff, And an interim order of a Justice of this Court, dated

June 15, 2017, having stayed the entirety of the Supreme Court's order, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the interim stay of this Court, dated

June 15, 2017, should be lifted to the extent of directing defendants to remove all photographs or other images and

statements from websites under defendants' control which depict or encourage lynching; which encourage incitement of violence; or that feature statements regarding plaintiff that, in conjunction with the threatening language and imagery with which these statements are associated, continue to incite violence against plaintiff. The interim stay is also lifted so as to prohibit defendants from posting on any traditional or online media site any photographs or other images depicting or encouraging lynching

in association with plaintiff. The issue of the amount of the undertaking is presently being addressed in the motion Court. ENTERED: August 1, 2017

_____________________ CLERK

Present: Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Cynthia S. Kern Peter H. Moulton, Justices

M-3328

Index No. 153583/15