111 West 57th Investment LLC on v 111 West 57th Property Owner LLC

Motion No: M-6811

Slip Opinion No: 2019 NYSlipOp 81378(U)

Decided on October 10, 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 10, 2019

111 West 57th Investment LLC, on

behalf of itself and derivatively on

behalf of 111 West 57th Partners LLC

and 111 West 57th MEZZ 1 LLC,

Plaintiff-Appellant,

v

111 West 57th Property Owner LLC,

Defendant-Respondent,

111 West 57th Street Partners LLC

and 111 West 57th MEZZ 1 LLC,

Nominal Respondents.

An appeal having been taken from the order of the Supreme Court, New York County, entered on or about August 8, 2019, which vacated a notice of pendency filed May 23, 2019, And plaintiff-appellant having moved for a stay of the aforesaid order or, alternatively, for an appellate injunction preventing defendant-respondent from transferring, assigning, disposing of, or encumbering the subject property, except for the sale of individual condominium units under specified terms, pending hearing and determination of the appeal, 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 granted to the extent of staying, pending the hearing and determination of the appeal, the sale or transfer of the subject property, other than the sale of individual condominium units in the ordinary course of business, on the condition that plaintiff-appellant perfect the appeal for the February 2020 Term. The interim relief granted by an order of a Justice of this Court, dated August 8, 2019, is hereby vacated. ENTERED: October 10, 2019

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Judith J. Gische Barbara R. Kapnick Cynthia S. Kern Peter H. Moulton, Justices

M-6811

Index No. 653067/19