Capital 155 East 55th LLC v Garden House School of New YorkTenant

Motion No: M-4230

Slip Opinion No: 2018 NYSlipOp 87566(U)

Decided on November 1, 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.

November 1, 2018

Capital 155 East 55th, LLC,

Petitioner-Landlord-Respondent,

v

Garden House School of New York,Respondent-Tenant-Appellant,

John Cantwell,

Respondent-Occupant-Appellant,

-and-

Mary Cantwell and "John Doe",

Respondents-Occupants.

Respondents-appellants having jointly moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about July 5, 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 is denied, and the interim relief granted by an order of a Justice of this Court, dated August 14, 2018, is vacated.ENTERED: November 1, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-4230

Index No. 570752/17