106 Spring Street Owner LLC v Workspace Inc. et al. .

Motion No: M-573

Slip Opinion No: 2018 NYSlipOp 67264(U)

Decided on March 20, 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 20, 2018

106 Spring Street Owner LLC,

Plaintiff-Appellant,

v

Workspace, Inc., et al.,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about January 22, 2018, recalled and reissued on or about January 29, 2018, And plaintiff-appellant having moved for a CPLR 5518 appellate injunction in the nature of Yellowstone relief

and to enjoin the sale of a co-op unit and the distribution

of the sale proceeds if it has already taken place by placing

the proceeds in escrow; and for a preference in the determination

of the appeal (M-355), And defendants having cross-moved for an undertaking in the event that plaintiff's motion is granted (M-573), 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 plaintiff's motion is granted to the extent of issuing a Yellowstone injunction on the condition

that appellant perfects its appeal for the September 2018 Term, and is otherwise denied (M-355). Defendants' cross motion is denied (M-573). ENTERED: March 20, 2018

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice,David Friedman Rosalyn H. Richter Cynthia S. Kern, Justices

M-573

M-355

Index No. 657050/17