Redbridge Bedford, LLC v 159 Mp Corp., Doing Bus. As Foodtown Corp., Doing Bus. As Foodtown Supermarket, Tenant, Et Al., Undertenant. 240 Bedford Realty Holding Corp., Doing Bus. As Foodtown Corp., Doing Bus. As Foodtown Supermarket, Nonparty-appellant.

Motion No: 2019-01354 KC

Slip Opinion No: 2019 NY Slip Op 78760(U)

Decided on August 27, 2019

Appellate Term, Second 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.

Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th Judicial Districts

DAVID ELLIOT, J.P.

MICHAEL L. PESCE

BERNICE D. SIEGAL, JJ.

DECISION & ORDER ON MOTION

2019-1354 K C

Redbridge Bedford, LLC, Respondent, v 159 MP Corp., Doing Business as Foodtown Corp., Doing Business as Foodtown Supermarket, Tenant, et al., Undertenant.
240 Bedford Realty Holding Corp., Doing Business as Foodtown Corp., Doing Business as Foodtown Supermarket, Nonparty-Appellant.

Motion by tenant, by order to show cause, for a stay pending the determination of an appeal, by nonparty-appellant 240 Bedford Realty Holding Corp., Doing Business as Foodtown Corp., Doing Business as Foodtown Supermarket, from an order of the Civil Court of the City of New York, Kings County, entered July 17, 2019.

On the court's own motion, it is

ORDERED that the order to show cause is vacated and the appeal is dismissed, as nonparty-appellant 240 Bedford Realty Holding Corp., Doing Business as Foodtown Corp., Doing Business as Foodtown Supermarket is not aggrieved by the order appealed from, which granted respondent's motion for summary judgment against tenant 159 MP Corp., Doing Business as Foodtown Corp., Doing Business as Foodtown Supermarket (see CPLR 5511; Rinaldi v Evenflo Co., Inc., 62 AD3d 856 [2009]).

ENTER:

Paul Kenny

Chief Clerk