41st Road Properties, LLC v Wang Real Property, LLC
Motion No: 2016-09989
Slip Opinion No: 2018 NY Slip Op 91496(U)
Decided on December 21, 2018
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M258537

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2016-09989, 2016-12280, 2017-04205

41st Road Properties, LLC, respondent,

v Wang Real Property, LLC, et al., appellants,

John Hon, et al., defendants.

(Index No. 704061/14)

DECISION & ORDER ON MOTION

Motion by the appellants for leave to reargue appeals from two orders of the Supreme Court, Queens County, entered September 21, 2016, and November 28, 2016, respectively, and an order and judgment of foreclosure and sale (one paper) of the same court entered April 19, 2017, which was determined by decision and order of this Court dated August 1, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the appellants to stay the sale of the subject premises, pending determination of the motion for leave to reargue or, in the alternative, for leave to appeal to the Court of Appeals.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to reargue or, in the alternative, for leave to appeal to the Court of Appeals is denied; and it is further,

ORDERED that the motion to stay the sale of the subject premises is denied as academic.

BALKIN, J.P., LEVENTHAL, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court