UTrend New York Investment L.P. v US Suite LLC and 440 West 41st LLC

Motion No: M-2833

Slip Opinion No: 2019 NYSlipOp 73778(U)

Decided on June 27, 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 27, 2019

U-Trend New York Investment L.P.,

Individually and Derivatively on Behalf

of Nominal Defendant Hospitality Suite

International, S.A. and its wholly-owned

subsidiary US Suite Corp.,

Plaintiff-Appellant-Respondent,

v

US Suite LLC and 440 West 41st LLC

Defendants,

Aura Investments Ltd.,

Defendant-Respondent-Appellant,

-and-

Hospitality Suite International, S.A.

and US Suite Corp.,

Nominal Defendants-Respondents.

U-Trend New York Investment L.P.,

Individually and Derivatively on Behalf

of Nominal Defendant Hospitality Suite

International, S.A. and its wholly-owned

subsidiary US Suite Corp., Plaintiff and Counterclaim-Defendant- Appellant-Respondent, v Index No. 650498/15

Aura Investments Ltd., Defendant and Counterclaim- Plaintiff-Respondent-Appellant,

[Caption Continued]

Yaacov Atrakchi, Michael Kleiner and

Yohai Abtan, Defendants and Counterclaim Plaintiffs-Respondents, -and-

Hospitality Suite International, S.A.

and US Suite Corp., Nominal Defendants-Respondents. - - - - - - - - - - - - - - [And A Third-Party Action].

---------------------------------------X An appeal and cross appeal having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about January 3, 2019, and the appeal of plaintiff-appellant-respondent U-Trend New York Investment L.P. having been perfected, And defendant/counterclaim plaintiff-respondent-appellant Aura Investments Ltd. (Aura) having moved (1) to supplement the joint record on appeal to include certain documents related to the final judgment and (2) to adjourn the perfected appeal to allow for briefing that incorporates the supplemental record, And an interim order of a Justice of this Court having been entered on June 14, 2019, granting Aura's application to adjourn the perfected appeal to a future term on the condition that Aura post an additional one million dollar ($1,000,000) bond by

July 9, 2019, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the branch of the motion seeking to supplement the joint record is granted to the extent of permitting movant Aura to file a supplemental record adding the documents listed in categories 1, 2, 3, 4, 5, 6 and 8 as set forth in the moving papers, at Aura's own expense, and is otherwise denied. The perfected appeal is adjourned to the

November 2019 Term on condition that Aura posts the additional one million dollar bond by July 9, 2019, with no further adjournments to be granted. ENTERED: June 27, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom, Justices

M-2833

Index No. 652082/14