East 22nd Street Development LLC for v FD Member LLC a limited liability company affiliated with Fortress

Motion No: M-2095

Slip Opinion No: 2018 NYSlipOp 76678(U)

Decided on July 3, 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.

July 3, 2018

East 22nd Street Development LLC, for

itself and derivatively on behalf of

East 22nd St. Acquisition Holdings LLC,

Plaintiff-Respondent,

v

FD Member LLC, a limited liability

company affiliated with Fortress

Investment Group and Dune Real Estate

Partners,

Defendant-Appellant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about April 6, 2018, And an interim order having been entered on April 24, 2018, denying defendant a stay of the aforemention order,And defendant-appellant having moved, inter alia, to vacate the preliminary injunction contained in the aforesaid order of the Supreme Court, New York County, entered on or about April 6, 2018, pending its appeal, Now, upon reading and filing the papers with respect to the motion, including the Stipulation of Discontinuance of the parties hereto, dated June 7, 2018, and due deliberation having been had thereon, It is ordered that the motion is denied and the appeal dismissed.ENTERED: July 3, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Peter H. Moulton, Justices

M-2095

Index No. 651473/18