REEC West 111th Street LLC v 246 West 11th St. Realty Corp. et al.

Motion No: M-3943

Slip Opinion No: 2017 NYSlipOp 82002(U)

Decided on August 8, 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 8, 2017

REEC West 111th Street LLC,

Plaintiff-Appellant,

v

246 West 11th St. Realty Corp.,

et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about June 14, 2017, And plaintiff-appellant having moved for a stay of enforcement of the order, which cancelled the notice of pendency and ordered the release of sums being held in escrow, pending hearing and determination of the aforesaid appeal (M-3464), And defendant-respondent 246 West 11th St. Realty Corp. having cross-moved for dismissal of the aforesaid appeal, and

for other relief (M-3943), 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 a stay is granted on condition the appeal is perfected for the December 2017 Term. The cross motion is denied. ENTERED: August 8, 2017

_____________________ CLERK

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

M-3943

M-3464

Index No. 651014/17