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

Motion No: M-3671

Slip Opinion No: 2019 NYSlipOp 80552(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

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

Plaintiff-Appellant,

v

Carl Fischer Photography, Inc.,

Defendant-Respondent.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 24, 2019, And an order of this Court having been entered on June 20, 2019 (M-2483), granting plaintiff's motion to the extent of reinstating a temporary restraining order which had been vacated by the Supreme Court's April 24, 2019 order, on condition plaintiff perfects its appeal for the December 2019 Term of this Court, And defendant-respondent Carl Fisher Photography, having moved for reargument of this Court's aforesaid order, entered on June 20, 2019 (Motion No. 2483), and upon reargument, modifying the order to condition the reinstatement of the stay upon plaintiff's posting of an undertaking in the amount $3,200,000, and payment of monthly use and occupancy,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 denied. ENTERED: October 1, 2019

_____________________ CLERK

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

M-3671

Index No. 653353/18