116 Waverly Place LLC v Spruce 116 Waverly LLC Spruce Capital Partners LLC S3 Capital

Motion No: M-1677

Slip Opinion No: 2019 NYSlipOp 70650(U)

Decided on May 16, 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 16, 2019

116 Waverly Place, LLC,

Plaintiff-Appellant,

v

Spruce 116 Waverly LLC, Spruce

Capital Partners, LLC, S3 Capital,

LLC, Joshua Crane, Robert Schwartz,

Peter Rosenberg, SWS Holdings, LLC,

John Doe and Jane Doe,

Defendants-Respondents.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about February 8, 2019, which granted defendants summary judgment dismissing the complaint, And defendant-respondent Spruce 116 Waverly LLC, having moved for an order enjoining and restraining plaintiff from conducting any probing, demolition, or similar construction work, at the subject premises, or altering the conditions of the premises, pending hearing and determination of the appeal, or in the alternative, to stay the enforcement of the order of the Supreme Court, New York County, entered on or about February 8, 2019, which vacated a prior modified temporary restraining order barring work, as moot, 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 March 2, 2019, is hereby vacated. ENTERED: May 16, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing, Justices

M-1677

Index No. 655930/17