PK Restaurant LLC doing business as v 133 East 65th Street Associates LLC

PK Restaurant LLC doing business as v 133 East 65th Street Associates LLC
Motion No: M-3042
Slip Opinion No: 2018 NYSlipOp 83918(U)
Decided on September 20, 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.

September 20, 2018

PK Restaurant LLC, doing business as

212 Restaurant and Bar,

Plaintiff-Appellant,

133 East 65th Street Associates LLC

and 133 East 65th Street Corporation,

Defendants-Respondents.

133 East 65th Street Associates LLC, Counterclaim-Plaintiff-Respondent, v

PK Restaurant LLC, doing business as

212 Restaurant and Bar, and Phillipe

Kayadjanian, Counterclaim-Defendants-Appellants.

-----------------------------------------X An order of this Court having been entered on May 22,

2018 (M-1093), dismissing the appeal taken from an order of the Supreme Court, New York County, entered on or about December 27, 2017, And appellants having moved to vacate the aforesaid order

of this Court dismissing their appeal, and to reinstate same

(M-2839), And respondent 133 East 65th Street Associates LLC having cross-moved to dismiss the appeals taken from three orders all entered on or about September 29, 2016, and from an order and judgment (one paper) of the same Court, entered on or about October 27, 2016 (M-3042), 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 appellants' motion is denied in all respects (M-2839). The respondent's cross motion is granted and the appeals taken from the three orders entered on September 29, 2016 and from an order and judgment (one paper) entered on or about October 27, 2016, are dismissed (M-3042). ENTERED: September 20, 2018

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices

M-3042

M-2839

Index No. 151096/12