60G 542 Broadway Owner LLC v Prince Fashions Inc.Tenant and

Motion No: M-2063

Slip Opinion No: 2019 NYSlipOp 70420(U)

Decided on May 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.

May 14, 2019

60G 542 Broadway Owner, LLC,

Petitioner-Landlord-Appellant,

v

Prince Fashions, Inc., Respondent-Tenant-Respondent, -and-

OMG/The Jeans Store, Forvari.Com,

Inc. and XYZ Corp.,

Respondents-Undertenants-Respondents.

Respondent-tenant-respondent Prince Fashions, Inc. having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about October 31, 2018, for a stay of all proceedings pending determination of the appeal, and for other relief (M-149), And an interim stay of enforcement of the aforesaid order of the Appellate Term, First Department, entered on or about October 31, 2018, having been granted by order of a Justice of this Court entered January 10, 2019 (M-149),And petitioner-landlord-appellant having moved for an order modifying the aforesaid interim stay granted by order of a Justice of this Court entered January 10, 2019 to bar respondent-tenant-respondent Prince Fashions, Inc. or any other business or entity deriving its interest from Prince Fashions, Inc., from entering any agreements with respect to the use or occupancy of the premises pending determination of the motion for leave to appeal (M-2063),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that the motion for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about October 31, 2018, for a stay of all proceedings pending determination of the appeal, and for other relief (M-149), is denied in its entirety. The interim relief granted by an order of a Justice of this Court entered January 10, 2019 is vacated, and it is further Ordered that the motion for an order modifying the aforesaid interim stay granted by order of a Justice of this Court entered January 10, 2019 (M-2063) is denied as academic, the stay having been vacated. ENTERED: May 14, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Marcy L. Kahn Cynthia S. Kern,Justices

M-2063

M-149

Index No. 570157/18