Wesco Insurance Company v 1421 Dekalb Avenue LLC

Motion No: M-6711

Slip Opinion No: 2019 NYSlipOp 62456(U)

Decided on February 7, 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.

February 7, 2019

Wesco Insurance Company,

Plaintiff-Respondent,

v

1421 Dekalb Avenue, LLC,

Defendant-Appellant,

-and-

Trinchese Construction, Inc.,

Defendant-Respondent.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about December 4, 2018, And defendant-appellant having moved for a stay of enforcement of the order, pending hearing and determination of the appeal taken therefrom, to the extent that it directed plaintiff to disburse funds it is holding in escrow to defendant-respondent, 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 the order of a Justice of this Court, dated December 12, 2018, is hereby vacated. ENTERED: February 7, 2019

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick,Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Jeffrey K. Oing Peter H. Moulton, Justices

M-6711

Index No. 651522/18