Adam Plotch Individually and as Assignee v 435 East 85th Street Tenants Corp. Halstead Management Company LLC JP

Motion No: M-6851

Slip Opinion No: 2019 NYSlipOp 80864(U)

Decided on October 3, 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 3, 2019

Adam Plotch, Individually and as Assignee

of Stephen Plotch and Batia Plotch,

Plaintiff-Appellant,

v

435 East 85th Street Tenants Corp.,

Halstead Management Company, LLC, JP

Morgan Chase Bank, N.A. and Ralph Karow,

Defendants-Respondents.

Separate appeals having been taken to this Court from (1) orders of the Supreme Court, New York County, entered on or about October 5, 2018 and October 16, 2018, which granted defendants' motions to dismiss the complaint and denied plaintiff's cross-motion to amend the complaint; and (2) an order of the same Court, entered on or about July 3, 2019, which denied plaintiff's motion to reargue defendants' motions to dismiss, And plaintiff-appellant having moved for an enlargement of time to perfect the appeal from the orders entered on or about October 5, 2018 and October 16, 2018; or, in the alternative, withdrawing the November 15, 2018 notice of appeal taken therefrom, 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 the appeal taken from the orders entered on or about October 5, 2018 and October 16, 2018 and, as such, is granted, The appeal reinstated, and the time to perfect that appeal is enlarged to the January 2020 Term (see, 22 NYCRR 1250.10(c)). ENTERED: October 3, 2019

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding,Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices

M-6851

Index No. 157881/17