Peter Arnold et al. v 46 Bleeker Street LLC

Motion No: M-1684

Slip Opinion No: 2018 NYSlipOp 76693(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

Peter Arnold, et al.,

Plaintiffs-Respondents,

v

4-6 Bleeker Street, LLC,

Defendant-Appellant,

316 Bowery Realty Corp., et al.,

Defendants-Appellants.

Consolidated appeals having been taken to this Court by defendants-appellants 316 Bowery Realty Corp., et al., from orders of the Supreme Court, New York County, entered on or about October 21, 2015, as amended by an order entered on or about November 18, 2015, September 22, 2016, June 1, 2017 and June 13, 2017, and said appeals having been perfected. By amended notice of appeal dated March 19, 2018, defendant 316 Bowery Realty Corp. appeals from an order, same Court and Justice, dated October 14, 2015 and entered on or about January 13, 2016, And defendant-appellant 4-6 Bleeker Street, LLC having appealed to this Court from the order of the Supreme Court, New York County, entered on or about June 1, 2017, And defendants-appellants 316 Bowery Realty Corp., et al. having moved for an order treating the 316 Bowery Realty Corp. defendant's notice of appeal, dated November 23, 2015, as a valid notice of appeal from the order dated October 14, 2015, in the amended form as attached to the moving papers, or in the alternative, to deem the appeal from the October 14, 2015 order as subsumed by the subsequent appeals, and for leave to file a supplemental record to include the motion papers submitted in connection with the October 14, 2015 order (M-1456), And plaintiffs-respondents having cross moved, by separate motions, to dismiss defendants-appellants appeal to the extent they seek to appeal the order dated October 14, 2015 and entered on or about January 13, 2016, and should plaintiffs' cross motions be denied, for an extension of time to file a respondents' briefs (M-1680/M-1684), Now, upon reading and filing the papers with respect to the motion and cross-motions, and due deliberation having been had thereon, It is ordered that the motion by defendants-appellants is denied in its entirety (M-1456). The cross-motions are granted to the extent of dismissing, as untimely, the appeal taken by defendant 316 Bowery Realty Corp. from the order dated

October 14, 2015 and entered January 13, 2016 and deeming Point I of the brief for defendants-appellants stricken. Plaintiffs-respondents are granted leave to file responsive briefs pertaining to the remaining appeals, on or before August 8, 2018, for the September 2018 Term (M-1680/M-1684). Defendants-appellants are granted leave to file a supplemental reply brief addressing the response briefs of plaintiffs, on or before

August 17, 2018, for said Term. Furthermore, this order does not resolve the issues raised in the appeals of the order denying reargument and renewal, and the order granting amendment of the complaint, including whether those appeals bring up for review the decision and order, dated October 14, 2015, and entered January 13, 2016. These issues are respectfully referred to the Appeals Bench for further consideration. ENTERED: July 3, 2018 _____________________CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Troy K. Webber Marcy L. Kahn Cynthia S. Kern Jeffrey K. Oing, Justices

M-1684

M-1680

M-1456

Index No. 158541/13