Timothy Reif and David Fraenkel v Richard Nagy Richard Nagy Ltd.

Motion No: M-5280

Slip Opinion No: 2019 NYSlipOp 60524(U)

Decided on January 10, 2019

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.

January 10, 2019

Timothy Reif and David Fraenkel,

as Co-Executors of the Estate of Leon

Fischer and Milos Vavra,

Plaintiffs-Respondents,

v

Richard Nagy, Richard Nagy, Ltd.,

etc.,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 11, 2018, and said appeal having been perfected, And plaintiffs-respondents having moved to strike Exhibit A from the October 11, 2008 Jamberdino affirmation in support of a prior stay motion, 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 as moot, as the prior motion, vacating the stay, was decided by an order of this Court entered on August 2, 2018 (M-4990). ENTERED: January 10, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman,Justice Presiding, Barbara R. Kapnick Troy K. Webber Marcy L. Kahn Cynthia S. Kern,Justices

M-5280

Index No. 161799/15