Harvey Rubin v James S. Baumann Winn Winn Asset Management LLC and 330 West 85 LLC

Motion No: M-8005

Slip Opinion No: 2019 NYSlipOp 85730(U)

Decided on December 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.

December 10, 2019

Harvey Rubin,

Plaintiff-Respondent,

v

James S. Baumann, Winn Winn Asset

Management LLC and 330 West 85 LLC,

Defendants-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 10, 2019, and said appeal having been perfected, And defendants-appellants having moved for a stay of trial pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, including the stipulation of the parties dated

October 31, 2019, and due deliberation having been had thereon, It is ordered that the motion is withdrawn in accordance with the aforementioned stipulation. ENTERED: DECEMBER 10, 2019

_____________________ CLERK

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

M-8005

Index No. 653707/15