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

Motion No: M-5993

Slip Opinion No: 2017 NYSlipOp 95476(U)

Decided on December 14, 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.

December 14, 2017

Gerald Rosengarten,

Plaintiff-Respondent,

v

Richard Born, Sean MacPherson, Eric

Goode, Ira Drukier and Sire Hotel

Company, LLC,

Defendants-Appellants.

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

Richard Born, Sean MacPherson, Eric

Goode, Ira Drukier and Sire Hotel

Company, LLC, Defendants-Appellants.

----------------------------------------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-Appellants, -and-

Three on Third, LLC, Nominal Defendant-Respondent.

---------------------------------------x An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 25, 2017, And an order of this Court entered on November 16, 2017

(M-4958) having denied defendants-appellants motion for a stay of the damages inquest pending hearing and determination of the aforesaid appeal, And defendants-appellants having moved for reargument and/or renewal of the aforesaid order of this Court, entered on

November 16, 2017 (M-4958), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that so much of the motion seeking renewal is granted, and upon renewal, the stay of the inquest on damages is denied.ENTERED: December 14, 2017

_____________________ CLERK

PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Richard T. Andrias Judith J. Gische Cynthia S. Kern Anil C. Singh, Justices

M-5993

Index No. 651147/14