Ke Kailani Partners LLC a Hawaii v Michael J. Fuchs and Ke Kailani Development LLC a Hawaii limited

Motion No: M-4391

Slip Opinion No: 2017 NYSlipOp 87012(U)

Decided on September 19, 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.

September 19, 2017

Ke Kailani Partners, LLC, a Hawaii

limited liability company,

Petitioner-Respondent,

v

Michael J. Fuchs, and Ke Kailani

Development, LLC, a Hawaii limited

liability company,

Respondents-Appellants.

An appeal having been taken having been taken from an order of the Supreme Court, New York County, entered on or about August 11, 2017, And respondents-appellants having moved to stay the aforesaid order and to set a bond to secure the stay at no

more than a certain undertaking already posted, pending hearing and determination of the appeal, 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, without prejudice to respondents seeking an automatic stay. ENTERED: September 19, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Karla Moskowitz Ellen Gesmer, Justices

M-4391

Index No. 104025/12