Michael Benny v Concord Partners 46th Street LLC Tintol LLC doing business as

Motion No: M-192

Slip Opinion No: 2020 NYSlipOp 62559(U)

Decided on February 11, 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.

February 11, 2020

Michael Benny,

Plaintiff-Appellant,

v

Concord Partners 46th Street LLC,

Tintol LLC, doing business as

Clubhouse CafÉ, Havana Central NY

2 LLC doing business as Havana Central

Restaurant & CafÉ and ELO Equity, LLC,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about April 15, 2019,And plaintiff-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal and upon reinstatement, for an extension of time to perfect same,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, the dismissal is vacated, the appeal reinstated and the time in which to perfect said appeal is extended to the June 2020 Term. ENTERED: February 11, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding,Dianne T. Renwick Cynthia S. Kern Jeffrey K. Oing, Justices

M-192

Index No. 150119/12