Robert Burton v Howard Owners Corp. FirstserVice Residential David Kovel Esq. Kagan

Motion No: M-3053

Slip Opinion No: 2018 NYSlipOp 84334(U)

Decided on September 25, 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 25, 2018

Robert Burton,

Plaintiff-Appellant,

v

Howard Owners Corp., Firstser-Vice

Residential, David Kovel, Esq., Kagan,

Lubin Lepper Finkelstein and Gold,

L.L.P.,

Defendants-Respondents.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about February 12, 2018,And plaintiff-appellant having moved (1) pursuant to CPLR 5518, to preliminarily enjoin the auction of shares associated with the two subject cooperative apartments; and (2) to stay, or annul, that part of the order enjoining plaintiff from filing any motion or bringing a new action without approval of the Administrative Judge, And an interim stay of the action having been issued by a Justice of this Court on June 15, 2018, on condition that plaintiff reimburse defendants for costs incurred in selling shares of the subject apartments, 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 is granted to the extent of continuing the interim relief granted by a Justice of this Court on June 15, 2018, as a full bench stay, conditioned on plaintiff perfecting his appeal for the January 2019 Term, and It is further ordered that that branch of the motion seeking to stay or annul the requirement that plaintiff-appellant obtain court approval before filing any additional motions or initiating a new action, is hereby denied. ENTERED: September 25, 2018

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3053

Index No. 100658/17