Gullivers Gate LLC et al. v Elmwood NYT Owner LLC et al.

Motion No: M-542

Slip Opinion No: 2019 NYSlipOp 65246(U)

Decided on March 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.

March 14, 2019

Gullivers Gate, LLC, et al.,

Plaintiffs-Appellants,

v

Elmwood NYT Owner LLC, et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about January 28, 2019, And plaintiffs-appellants having moved, inter alia, for an order staying the summary holdover proceeding entitled Times Square Associates LLC v Gullivers Gate, LLC, et al., commenced in the Civil Court of the City of New York, County of New York (L & T Index No. 51489/19) pending hearing and determination of the aforesaid appeal, and removing the holdover proceeding to the Supreme Court and consolidating it with other actions pending in that court, 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. ENTERED: March 14, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Cynthia S. Kern Peter H. Moulton,Justices

M-542

Index No. 162134/18