Yeshaya Averbuch suing individually v New York Budget Inn LLC et al.

Motion No: M-2451

Slip Opinion No: 2018 NYSlipOp 78610(U)

Decided on July 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.

July 26, 2018

Yeshaya Averbuch, suing individually

and derivatively on behalf of

New York Budget Inn LLC and

Layinn Hospitality Group Inc.,

Plaintiffs-Appellants,

v

New York Budget Inn LLC, et al.,

Defendants-Respondents.

Defendants-respondents having moved to dismiss the appeal taken from the order of the Supreme Court, New York County, entered on or about January 10, 2018, 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 to dismiss the appeal is granted unless the appeal is perfected for the December 2018 Term. ENTERED: July 26, 2028 _____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Marcy L. Kahn Jeffrey K. Oing, Justices

M-2451

Index No. 653343/16