Michael Besen individually and v Amit Doshi Robert Farhadian

Motion No: M-8920

Slip Opinion No: 2020 NYSlipOp 60766(U)

Decided on January 9, 2020

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.

January 9, 2020

Michael Besen, individually and

derivatively, on behalf of 94-16 Road

LLC, 34 Road LLC, 223 West 20 LLC,

East 116th LLC, 42 Mulberry LLC, 1320

Fulton LLC, 1320 Fulton Avenue

Management Corp., 2721 Heath LLC,

34447 Equities Inc., Besen &

Associates Inc.,

Plaintiffs-Appellants,

v

Amit Doshi, Robert Farhadian,

Jackson Partners LLC, Defendants-Respondents,

-and-

223 West 29 LLC, et al.,

Defendants,

Morrit Hock & Hamroff, LLP,

Non-Party Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about October 9, 2019, and said appeal having been perfected, And plaintiff-appellant Michael Besen having moved for an order (i) pursuant to CPLR 5518, enjoining and/or restraining defendants-respondents Jackson Partners, LLC and 94-16 34 Road LLC, as well as their members, assigns, successors and affiliates, from taking any further steps to foreclose a property located at 94-16 34 Road, Jackson Heights, New York, pending hearing and determination of the aforesaid appeal,

(ii) directing counsel for Jackson Partners, LLC to immediately inform the referee of the relief granted by this Court with respect to the motion; and (iii) granting a calendar preference in the hearing 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 denied. ENTERED: January 9, 2020

_____________________ CLERK

Present - Hon. Barbara R. Kapnick,Justice Presiding, Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-8920

Index No. 652691/18