UTrend New York Investment L.P. v US Suite LLC and 440 West 41st LLC

Motion No: M-7871

Slip Opinion No: 2019 NYSlipOp 85360(U)

Decided on December 5, 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.

December 5, 2019

U-Trend New York Investment L.P.,

Individually and Derivatively on Behalf

of Nominal Defendant Hospitality Suite

International, S.A. and its wholly-owned

subsidiary US Suite Corp.,

Plaintiff-Appellant-Respondent,

v

US Suite LLC and 440 West 41st LLC

Defendants,

Aura Investments Ltd.,

Defendant-Respondent-Appellant,

-and-

Hospitality Suite International, S.A.

and US Suite Corp.,

Nominal Defendants=Respondents.

U-Trend New York Investment L.P.,

Individually and Derivatively on Behalf Index No. 650498/15

of Nominal Defendant Hospitality Suite

International, S.A. and its wholly-owned

subsidiary US Suite Corp., Plaintiff and Counterclaim-Defendant- Appellant-Respondent, v

Aura Investments Ltd., Defendant and Counterclaim- Plaintiff-Respondent-Appellant,

[Caption Continued]

Yaacov Atrakchi, Michael Kleiner and Yohai Abtan, Defendants and Counterclaim Plaintiffs- Respondents, -and-

Hospitality Suite International, S.A.

and US Suite Corp., Nominal Defendants-Respondents. - - - - - - - - - - - - - - [And A Third-Party Action].

---------------------------------------X An appeal and cross appeal having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about January 3, 2019, and defendant/counterclaim plaintiff-respondent-appellant Aura Investments Ltd., also having appealed from two orders, same Court, entered on or about September 24, 2019, And plaintiff/counterclaim defendant-appellant-respondent having moved for an order, inter alia, directing Aura to perfect its appeals from the September 24, 2019 orders for the January 2020 Term; directing Aura to perfect its appeal taken from the January 3, 2019 judgment with the appeal from the September 24, 2019 orders, and adjourning plaintiffs's time to file its respondent's brief until after the appeals from the September 24, 2019 orders are perfected; or, for alternative relief, Now, upon reading and filing the stipulation resolving motion of the parties hereto, dated October 10, 2019, and "so ordered" by a Justice of this Court on October 15, 2019, and due deliberation having been had thereon, It is ordered that the motion is withdrawn and resolved in accordance with the aforesaid stipulation. ENTERED: December 5, 2019

_____________________ CLERK

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

M-7871

Index No. 652082/14