342 East 50th Street LLC. v Deborah Privitello

Motion No: M-3234

Slip Opinion No: 2019 NYSlipOp 80533(U)

Decided on October 1, 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.

October 1, 2019

342 East 50th Street LLC.,

Plaintiff-Appellant,

v

Deborah Privitello,

Defendant-Respondent.

Appeals having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about June 18, 2019, which, inter alia, awarded defendant-respondent judgment against plaintiff-appellant in the amount of $118,712.00, and from five previous orders of the same court entered on or about April 1, 2019, March 19, 2019, and June 18, 2019, And plaintiff-appellant having moved for an order: (i) staying enforcement of the aforesaid order and judgment pursuant to CPLR 5519(c); and (ii) quashing the information subpoena with restraining notice served by defendant-respondent's counsel; And plaintiff-appellant having posted an undertaking on appeal in the amount of $118,712.00, Now, upon reading and filing the papers with respect to the motion, and the correspondence from counsel for plaintiff-appellant, dated August 1, 2019, and due deliberation having been had thereon, It is ordered that the motion is deemed with withdrawn pursuant to the aforesaid correspondence. ENTERED: October 1, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-3234

Index No. 154507/18