| 129 Ave. D LLC v Hoving, Dash S.O. |
| Motion No: 570175/18 |
| Slip Opinion No: 2018 NY Slip Op 77808(U) |
| Decided on July 12, 2018 |
| Appellate Term, 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 12, 2018
129 Ave. D LLC v Hoving, Dash S.O.
It is Ordered that the petitioner-respondent's motion seeking to dismiss the appeal for failure to prosecute is denied, without prejudice. The notice of motion makes reference to a purported affirmation of David B. Tendler, dated March 30, 2018 and no such affirmation was contained in this motion. Petitioner may renew upon proper motion papers.
By: Shulman, Ling-Cohan, Cooper, J.J.
Motion No. 570175/18