Scott Miller and Jennifer Miller v 177 Ninth Avenue Condominium Chelsea Enclave Chelsea Enclave Owners Corp.

Motion No: M-6021

Slip Opinion No: 2017 NYSlipOp 95482(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

Scott Miller and Jennifer Miller,

Plaintiffs-Respondents,

v

177 Ninth Avenue Condominium, Chelsea

Enclave, Chelsea Enclave Owners Corp.,

The Brodsky Organization, L.L.C.,

Brodsky Control, L.L.C., Chelsea 234

Properties L.L.C., Chelsea West 21st

Street Retail LLC, Chelsea 20th Street

Development, L.L.C., LMS Realty L.L.C.,

2 Chelsea Square Properties, L.L.C.,

4 Chelsea Square L.L.C., The General

Theological Seminary of the Protestant

Episcopal Church In the United States,

Defendants-Appellants,

-and-

Chelsea Enclave Owners Corp., et al.,

Defendants.

Defendants-appellants having moved for a stay of trial pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County, entered on or about August 22, 2017, 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 for a stay of trial is granted. The Clerk of the Court is directed to maintain the appeal on the calendar for the January 2018 Term. ENTERED: December 12, 2017

_____________________ CLERK

The following order was entered and filed on December 12, 2017:

PRESENT: Hon. Peter Tom,Justice Presiding, Rosalyn H. Richter Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton,Justices

M-6021

Index No. 155573/12