NYCTL 2012A Trust and the Bank of v

Motion No: M-3669

Slip Opinion No: 2018 NYSlipOp 85056(U)

Decided on October 2, 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.

October 2, 2018

NYCTL 2012-A Trust and The Bank of

New York Mellon, as Collateral Agents

and Custodian,

Plaintiffs-Respondents,

v

1698 Lex Corp., Defendant-Appellant,

Residential Funding Corporation,

et al.,

Defendants-Respondents,

Tower Lexington Inc and NJ Equity

Partners LLC,

Defendants-Intervenors-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 12, 2018, And defendant-appellant 1698 Lex Corp. having moved: to stay all proceedings; to enforce the July 12, 2018 Supreme Court order, to enjoin and restrain intervenors and their officers, agents, etc. from taking any steps to transfer, assign, alienate, encumber or dispose of the subject property or to exclude its current occupants from the premises or from entering the premises without providing the current occupant with at least two business days notice for the purpose of showing the premises to any lender, mortgagee, real estate broker or prospective purchaser or the intervenor entities, or any agent, employee, etc. of these persons or entities, pending hearing and determination of the aforesaid appeal, 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 on condition the appeal is perfected for the February 2019 Term. ENTERED: October 2, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Ellen Gesmer Cynthia S. Kern,Justices

M-3669

Index No. 155415/13