172 Van Duzer Realty Corp. v Globe Alumni Student Assistance Association et al.

Motion No: M-586

Slip Opinion No: 2018 NYSlipOp 66586(U)

Decided on March 13, 2018

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.

March 13, 2018

172 Van Duzer Realty Corp.,

Plaintiff-Appellant,

v

Globe Alumni Student Assistance

Association, et al.,

Defendants-Respondents.

- - - - - - - - - - - - -

878 Education LLC,

Non-Party Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 6, 2017, and said appeal having been perfected, And non-party respondent having moved for dismissal of the aforesaid appeal as being taken from a non-appealable order, 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, without prejudice to non-party respondent raising the issue directly on appeal. Sua sponte, the appeal is adjourned to the June 2018 Term. ENTERED: March 13, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer,Justices

M-586

Index No. 113137/09