Bersin Properties LLC againstNomura Credit & Capital Inc. and v Nomura Credit & Capital Inc. and NCCMI Inc. Action No. 1

Motion No: M-1252

Slip Opinion No: 2019 NYSlipOp 67607(U)

Decided on April 11, 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.

April 11, 2019

Bersin Properties, LLC, Plaintiff-Appellant,

v

Nomura Credit & Capital, Inc. and

NCCMI, Inc., Action No. 1

Defendants-Respondents. SEALED

NCCMI, Inc., Plaintiff-Respondent, v Index No. 650276/15 Action No. 2

Bersin Properties, LLC, et al., CONFIDENTIAL Defendants-Appellants.

---------------------------------------x By separate notices, appellant Bersin Properties, LLC, appeals in both actions from the orders of the Supreme Court, New York County, entered on or about January 4, 2019, and from a purported order of the same court, entered on or about January 17, 2019, And respondents Nomura Credit & Capital, Inc. and NCCMI, Inc. having moved to dismiss the aforesaid appeals [M-1012/M-1023], And appellant Bersin Properties, LLC having cross moved to stay the enforcement of the orders of the Supreme Court, New York County, entered on or about January 4, 2019, and the purported order of the same court, entered on or about January 17, 2019,

or in the alternative, to stay the discovery schedule of the Supreme Court, New York County, pending hearing and determination of the appeals [M-1251/M-1252], Now, upon reading and filing the papers with respect to the motions and cross motions, and due deliberation having been had thereon, It is ordered that the motions [M-1012/M-1023] are granted to the extent of dismissing the appeals taken from the purported order entered on or about January 17, 2019 (Cal. No. 2019-680 and 2019-683) and are otherwise denied. The cross motions [M-1251/M-1252] to stay the enforcement of the orders or the discovery schedule of the Supreme Court, New York County pending hearing and determination of the appeals are denied. ENTERED: April 11, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom Jeffrey K. Oing,Justices

M-1252

M-1251

M-1023

M-1012

Index No. 452630/14