TelxNew York LLCSEALED v 60 Hudson Owner LLC .

Motion No: M-1742

Slip Opinion No: 2019 NYSlipOp 69879(U)

Decided on May 9, 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.

May 9, 2019

Telx-New York, LLC, SEALED

Plaintiff-Appellant,

v

60 Hudson Owner LLC,

Defendant-Respondent.

An appeal having been taken to this Court by plaintiff-appellant from the orders of the Supreme Court, New York County, entered on or about May 24, 2018 and January 24, 2019, which denied its motions to shield certain documents from discovery under the common interest privilege, and said appeal having been perfected, And plaintiff-appellant having moved, pursuant to CPLR 5519(c), for a discretionary stay of the production of the documents, pending hearing and determination of the aforesaid appeal (M-1403),And defendant-respondent having cross-moved for an order dismissing the aforesaid appeal for failure to submit a complete record, or in the alternative, supplementing the record on appeal and striking portions therefrom (M-1742), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that the motion (M-1403) to stay the production of the documents, pending hearing and determination of the aforesaid appeal, is granted. The cross motion (M-1742) is denied, without prejudice to defendant raising its argument that

the counterclaims should be stricken from the record upon oral argument of the appeal. ENTERED: May 9, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Anil C. Singh,Justices

M-1742

M-1403

Index No. 650440/17