Christopher Brummer v Benjamin Wey FNL Media LLC and NYG Capital LLC doing business as New York Global Group

Motion No: M-4743

Slip Opinion No: 2017 NYSlipOp 90195(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

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 an order of this Court, entered on August 1, 2017

(M-3328), having ordered that the interim stay of this Court, dated June 15, 2017, 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; encourage the 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 was 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. And defendants-appellants having moved to reargue the aforesaid order of this Court, entered August 1, 2017 (M-3328), or in the alternative for leave to appeal to the Court of Appeals

[M-4639], And the Electronic Frontier Foundation having moved for leave to file a brief amicus curiae in support of defendants-appellants' motion for leave to appeal to the Court of Appeals [M-4640], And Reporters Committee for Freedom of the Press, and certain identified professors, having moved for leave to file a brief amicus curiae in support of defendants-appellants' motion for reargument or, in the alternative, for leave to appeal to the Court of Appeals [M-4743], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is, Ordered that the motions are denied in their entirety [M-4639/M-4640/M-4743]. ENTERED: October 24, 2017

_____________________ CLERK

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

M-4743

M-4640

M-4639

Index No. 153583/15