Tatiana Brunetti individually and v Dmitry Sergeev also known as Dzhemali Kvaratskheliya Ginza 2 LLC

Motion No: M-3585

Slip Opinion No: 2019 NYSlipOp 79603(U)

Decided on September 17, 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.

September 17, 2019

Tatiana Brunetti, individually, and

as a member suing derivatively on

behalf of Ginza Holding LLC, and

Ginza Project LLC, individually, and

as a member suing derivatively on

behalf of Ginza 2 LLC,

Plaintiffs-Appellants,

v

Dmitry Sergeev, also known as

Dzhemali Kvaratskheliya, Ginza 2, LLC,

Ginza Management LLC, Alexander

Dzerneyko, Alexander Kvartskheliya,

Saia Restaurant Group LLC, Ginza

Management LLC, Ginza 1 LLC, Ginza 3

LLC, Gans Mex LLC, Southwest Valley

LLC and Triskonex Holdings Limited,

Defendants-Respondents,

Ginza Holding LLC,

Defendant.

Ginza 2 LLC and Ginza Management LLC, Third Party Plaintiffs, v

Ginza Project LLC, Third Party Defendants.

-----------------------------------X Plaintiffs-appellants having moved for an enlargement of time to perfect the appeal taken from a so ordered transcript of the Supreme Court, New York County, entered on or about October 5, 2018, which appeal has been dismissed pursuant to 22 NYCRR 1250.10(a), 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 deemed one to vacate the dismissal of appeal and, as such, is granted, the dismissal is vacated, the appeal reinstated, and the time to perfect said appeal enlarged to the January 2020 Term. ENTERED: September 17, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding,Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3585

Index No. 653855/15