ESRT 250 West 57th St. L.L.C. v 13D/West 57th LLC et al..

Motion No: M-3467

Slip Opinion No: 2017 NYSlipOp 90182(U)

Decided on October 24, 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.

October 24, 2017

ESRT 250 West 57th St., L.L.C.,

Plaintiff-Respondent,

v

13D/West 57th LLC, et al., Defendants-Appellants. - - - - -

13D/West 57th LLC,

Counterclaim Plaintiff-Appellant,

v

ESRT 250 West 57th St., L.L.C., et al.,

Counterclaim Defendants-Respondents.

Defendants-appellants having moved for leave to appeal to the Court of Appeals from the decision and order of this Court, entered on March 28, 2017 (Appeal No. 3558), 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. ENTERED: October 24, 2017

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Angela M. Mazzarelli Marcy L. Kahn Ellen Gesmer, Justices

M-3467

Index No. 158006/15