REEC West 11th Street LLC v 246 West 11th St. Realty Corp. et al. .

Motion No: M-6131

Slip Opinion No: 2017 NYSlipOp 96203(U)

Decided on December 21, 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 21, 2017

REEC West 11th Street LLC,

Plaintiff-Appellant,

v

246 West 11th St. Realty Corp., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about November 3, 2017, and said appeal having been perfected, And defendants-respondents having moved for dismissal of the appeals from the orders entered on or about April 11, 2017 and June 14, 2017 (M-5908),And plaintiff-appellant having moved for a stay of enforcement of a certain order dismissing the complaint, pending hearing and determination of the aforesaid consolidated appeal, and for other relief (M-6131), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion and cross motion are denied, on condition that the consolidated appeal, presently noticed for the March 2018 Term, not be adjourned therefrom. ENTERED: December 21, 2017

_____________________ DEPUTY CLERK

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

M-6131

M-5903

Index No. 651014/17