Gerald Rosengarten v Richard Born Sean MacPherson Eric Goode Ira Drukier and Sire Hotel

Motion No: M-5382

Slip Opinion No: 2017 NYSlipOp 91174(U)

Decided on November 2, 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.

November 2, 2017

Gerald Rosengarten,

Plaintiff-Respondent,

v

Richard Born, Sean MacPherson, Eric

Goode, Ira Drukier and Sire Hotel

Company, LLC,

Defendants-Appellants.

Ruandro, LLC, Plaintiff-Appellant, v Index No. 651148/14

Richard Born, Sean MacPherson, Eric

Goode, Ira Drukier and Sire Hotel

Company, LLC, Defendants-Respondents.

----------------------------------------x

Gerald Rosengarten, derivatively on

behalf of Three on Third, LLC, Plaintiff-Appellant, v

Richard Born, Sean MacPherson, Eric Index No. 651149/14

Goode, Ira Drukier and Sire Hotel

Company, LLC, and Woodcutters Realty

Corp., Defendants-Respondents, -and-

Three on Third, LLC, Nominal Defendant-Respondent.

---------------------------------------x Three appeals having been taken to this Court by defendants-appellants from the order of the Supreme Court, New York County, all entered on or about May 19, 2017, and said appeals having been perfected, And an order of this Court having been entered November 2, 2017 (M-4502), granting defendants-appellants consolidation of the aforesaid appeals, And plaintiffs-respondents having moved for an order striking portions of the brief and the record on 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. Sua sponte, the consolidated appeals are adjourned to the February 2018 Term. (See M-4502, decided simultaneously herewith.) ENTERED: November 2, 2017

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Jeffrey K. Oing,Justices

M-5382

Index No. 651147/14