Boucan NYC Caf‚, LLC v 467 Rogers, LLC
Motion No: 2017-08175
Slip Opinion No: 2017 NY Slip Op 89935(U)
Decided on October 20, 2017
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M239920

E/afa

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2017-08175

Boucan NYC Cafe, LLC, plaintiff,

v 467 Rogers, LLC, defendant.

(Index No. 513856/17)

DECISION & ORDER ON MOTION

Motion by 467 Rogers, LLC, for leave to appeal to this Court from an order of the Supreme Court, Kings County, dated August 16, 2017, and, inter alia, to stay Boucan NYC Cafe, LLC, from entering the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court