Sussman Education Inc. v Eric Gorenstein

Motion No: M-6790

Slip Opinion No: 2019 NYSlipOp 63160(U)

Decided on February 14, 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 14, 2019

Sussman Education, Inc.,

Plaintiff-Respondent,

v

Eric Gorenstein,

Defendant-Appellant,

M. Infantino & Associates, Inc.,

doing business as Educational

Resource Company,

Defendant.

An appeal having been taken by defendant-appellant from an order of the Supreme Court, New York County, entered on or about entered on or about December 21, 2018, which granted plaintiff's

motion for a preliminary injunction, restraining and enjoining defendant-appellant from rendering services to defendant and from soliciting or attempting to solicit certain parties to do business with defendant, on condition that plaintiff post an undertaking in the amount of $42,500,And, defendant-appellant having moved pursuant to CPLR 5518 to stay enforcement of the preliminary injunction pending hearing and determination of the appeal, And, interim relief having been granted by order of a Justice of this Court, dated January 2, 2019, staying the enforcement of the preliminary injunction and ordering the release of the undertaking posted by plaintiff, 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 and the interim relief granted by an order of a Justice of this Court, dated January 2, 2019, is continued on the condition the appeal is perfected for the September 2019 term. ENTERED: February 14, 2019

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Peter Tom Anil C. Singh Peter H. Moulton, Justices

M-6790

Index No. 655978/18