Morgan Clay Apartments II DE Holdings v SR Rivers Pointe LLC and Steeprock Capital LLC

Motion No: M-1099

Slip Opinion No: 2019 NYSlipOp 66222(U)

Decided on March 26, 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 26, 2019

Morgan Clay Apartments II DE Holdings,

LLC and Morgan Clay Apartments II DE,

LLC,

Plaintiffs-Appellants,

v

SR Rivers Pointe LLC, and Steeprock

Capital, LLC,

Defendants-Respondents.

Appeals having been taken to this Court by plaintiffs-appellants from (1) an order of the Supreme Court, New York County, entered on or about December 20, 2018, insofar as it limited the preliminary injunction enjoining the sale of the collateral for the subject loan to a period of 60 days, and (2) an order of the same court, entered on or about February 25, 2019, which denied plaintiffs-appellants' motion to extend the aforesaid 60-day preliminary injunction, And plaintiffs-appellants having moved for an appellate injunction enjoining defendants-appellants from liquidating, selling or otherwise disposing of the collateral for the subject loan, pending hearing and determination of the aforesaid appeals, 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 an order of a Justice of this Court, dated February 25, 2019, is vacated.ENTERED: March 26, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Cynthia S. Kern Anil C. Singh, Justices

M-1099

Index No. 656114/18