936 Second Avenue L.P. v Wilson Evans 50th LLC

Motion No: M-2630

Slip Opinion No: 2018 NYSlipOp 74996(U)

Decided on June 14, 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.

June 14, 2018

936 Second Avenue L.P.,

Plaintiff-Appellant,

v

Wilson Evans 50th LLC,

Defendant-Respondent.

An appeal having been taken to this Court from the order

and judgment (one paper) of the Supreme Court, New York County, entered on or about January 12, 2018, And an order of this Court having been entered on May 15, 2018 (M-1696), inter alia, staying the order and judgment on condition plaintiff-appellant complied with the stipulated interim agreement of the parties, and on condition the appeal

be perfected for the September 2018 Term, And defendant-respondent having moved for vacatur of the stay granted by the order of this Court entered on May 15, 2018 (M-1696), 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 granted. ENTERED: June 14, 2018

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Peter Tom Barbara R. Kapnick Marcy L. Kahn Cynthia S. Kern, Justices

M-2630

Index No. 656401/16