Beatrice Investments LLC v 940 Realty LLC 511 9th LLC 940 Investor LLC 511 Manager Corp. and

Motion No: M-2034

Slip Opinion No: 2019 NYSlipOp 72922(U)

Decided on June 18, 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.

June 18, 2019

Beatrice Investments, LLC,

Plaintiffs-Respondents,

v

940 Realty LLC, 511 9th LLC, 940

Investor LLC, 511 Manager Corp. and

Salim "Solly" Assa,

Defendants-Appellants,

-and-

940 Realty LLC and 511 9th LLC,

Nominal Defendants-Appellants in

the Derivative Cause of Action.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about May 22, 2018, and said appeal having been perfected (Cal. No. 2018-5296), And plaintiffs-respondents having moved for an order dismissing the aforesaid appeal, 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. On the Court's own motion, the perfected appeal (Cal. No. 2018-5296) is adjourned to the November 2019 Term, to be consolidated with defendants' appeal taken from the order of the same court, entered on or about March 28, 2019 (Cal. No. 2019-2739). Defendants-appellants' brief is stricken, and defendants-appellants are directed to file a replacement brief for said November 2019 Term which shall include the appeals from the May 22, 2018 order and

the March 28, 2019 order. Defendants-appellants are further directed to file a supplemental record to include the record underlying defendants-appellants' appeal from the March 28, 2019 order.ENTERED: June 18, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Peter Tom Ellen Gesmer Peter H. Moulton,Justices

M-2034

Index No. 654052/13