Gerald Imber M.D. P.C. v Carl Fischer Photography Inc.

Motion No: M-2483

Slip Opinion No: 2019 NYSlipOp 73157(U)

Decided on June 20, 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 20, 2019

Gerald Imber, M.D., P.C.,

Plaintiff-Appellant,

v

Carl Fischer Photography, Inc.,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 24, 2019, which, inter alia, vacated a temporary restraining order granted on July 2, 2018, and denied plaintiff's motion for a Yellowstone injunction, And plaintiff-appellant having moved for an order enjoining, restraining and staying the operation of the order, 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 granted, and the temporary restraining order reinstated, on condition plaintiff-appellant perfects the appeal for the December 2019 Term. ENTERED: June 20, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Troy K. Webber Jeffrey K. Oing,Justices

M-2483

Index No. 653353/18