Ciminello Property Associates v New 970 Colgate Avenue Corp. et al.

Motion No: M-1267

Slip Opinion No: 2019 NYSlipOp 67634(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

Ciminello Property Associates,

Plaintiff-Appellant,

v

New 970 Colgate Avenue Corp., et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about February 26, 2019, and said appeal having been perfected, And plaintiff-appellant having moved for a preliminary appellate injunction, pursuant to CPLR 5518, enjoining defendants-respondents from obstructing the road known as Close Avenue, and removing any and all obstructions currently existing on said road, pending hearing and determination of the appeal taken therefrom, 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: April 11, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Marcy L. Kahn Ellen Gesmer Jeffrey K. Oing,Justices

M-1267

Index No. 25834/17E