Ital Associates Anthony Lepore Louise v Thomas Axon 18 Harrison Street Corp.

Motion No: M-1710

Slip Opinion No: 2018 NYSlipOp 75954(U)

Decided on June 26, 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 26, 2018

Ital Associates, Anthony Lepore, Louise

Lepore, Gabrielle Lepore and Elenore

Lepore, Individually and on Behalf of

Harrison Street Development Associates,

also known as 18 Harrison DevelopmentAssociates, a New York limitedpartnership, Plaintiffs-Respondents-Appellants,

v

Thomas Axon, 18 Harrison Street Corp.,

Harrison Street Realty Corp., RMTS

LLC, and Axon Associates, Inc.,

Defendants,

-and-

Loraine Buetti and Huntington National

Bank,

Additional Defendants,

Stephen J. Lovell and The Spielman

Group, sued herein as Jayne Spielman,

Additional Defendants-Appellants-

Respondents,

Samuel Goldman & Associates,

Additional Defendants-Appellants.

Additional defendants-appellants-respondents having moved for an enlargement of time to perfect their appeal taken from an order of the Supreme Court, New York County, entered on or about December 21, 2016, and to consolidate said appeal with plaintiff's appeal from the order entered on or about January 9, 2018,And plaintiffs-respondents-appellants having cross-moved to consolidate the appeals taken from orders entered on or about December 6, 2016 and January 18, 2018, and an enlargement of time to perfect said appeals (M-913), And additional defendants-appellants-respondents having moved to clarify an order of this Court entered March 1, 2018 [M-320], to include a stay of the release of the entire escrow fund, including portions of said fund to be paid to additional defendants-appellants, Samuel Goldman & Associates (M-1464), And additional defendants-appellants, Samuel Goldman & Associates, having cross-moved to impose sanctions against

additional defendants-appellants-respondents, Stephen J. Lovell and The Spielman Group, sued herein as Jayne Spielman, and their counsel Jeffrey Levy, Esq., on the grounds that their motion is frivolous (M-1710), Now, upon reading and filing the papers with respect to the motions and cross motions, and due deliberation having been had thereon, It is ordered that the motion and cross motion for an enlargement of time to perfect the respective parties' appeals (M-912 and M-913) and for consolidation of certain appeals are granted to the extent of enlarging the time to perfect said consolidated appeals to the October 2018 Term, and It is further ordered that additional defendants-appellants-respondents motion for clarification (M-1464) is denied; and

additional defendants-appellants, Samuel Goldman & Associates, cross motion (M-1710) for sanctions is denied. ENTERED: June 26, 2018

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Barbara R. Kapnick Troy K. Webber Jeffrey K. Oing, Justices

M-1710

M-1464

M-913

M-912

Index No. 650163/14