Paul Holm and Lee Holm v 305 West End Property LLC and 305 West End Avenue Operating LLC

Motion No: M-7553

Slip Opinion No: 2019 NYSlipOp 81778(U)

Decided on October 11, 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 11, 2019

Paul Holm and Lee Holm,

Plaintiffs,

v

305 West End Property LLC and

305 West End Avenue Operating LLC,

Defendants.

Plaintiffs having moved pursuant to CPLR 5518 for a temporary restraining order enjoining defendants from interfering, in any way, with plaintiffs erecting and using a "sukkah" on the roof terrace of the subject building, and/or staying, pursuant to CPLR 5519(c), the order of the Supreme Court, New York County, dated October 2, 2019 and entered October 3, 2019, which denied plaintiffs' application for a temporary restraining order, pending the determination of plaintiffs' purported appeal 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, deemed to include a request for relief pursuant to CPLR 5704(a), is granted to the extent of staying defendants from interfering, in any way, with plaintiffs erecting and using a "sukkah" on the roof terrace of the subject building for the 2019 "Sukkot" holiday, pending hearing and determination of plaintiffs' motion brought on by order to show cause, which is returnable in Supreme Court, New York County, on December 5, 2019. ENTERED: October 11, 2019

_____________________ CLERK

Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Peter Tom Ellen Gesmer Peter H. Moulton,Justices

M-7553

Index No. 158522/17