ESRT Empire State Building L.L.C. v AmericaCV Station Group Inc. Caribevision Station Group LLC and

Motion No: M-3135

Slip Opinion No: 2018 NYSlipOp 81343(U)

Decided on August 23, 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.

August 23, 2018

ESRT Empire State Building, L.L.C.,

Plaintiff-Respondent,

v

America-CV Station Group, Inc.,

Caribevision Station Group, LLC, and

Caribevision Holdings, Inc.,

Defendants-Appellants.

Plaintiff-respondent having moved for dismissal of the appeal taken from an order of the Supreme Court, New York County, entered on or about May 19, 2018 (M-3100), And defendants-appellants having cross-moved for a stay of trial and a temporary restraining order of the trial on damages, pending hearing and determination of the appeal (M-3135), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is denied as untimely, without prejudice to plaintiff presenting its arguments directly on appeal (M-3100). The cross motion is denied in its entirety, and the interim relief granted by a Justice of this Court, entered on June 22, 2018, is hereby vacated. ENTERED: August 23, 2018

_____________________ DEPUTY CLERK

PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Richard T. Andrias,Justices

M-3135

M-3100

Index No. 650638/17