Esther J. O'Mahoney and Ken Foley v Gavin Whiston Thomas McCarthy Kieron

Motion No: M-391

Slip Opinion No: 2020 NYSlipOp 63620(U)

Decided on February 25, 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 25, 2020

Esther J. O'Mahoney and Ken Foley,

Individually and on behalf of Dubcork

Inc., a New York Corporation, doing

business as Smithfield Tavern and

Smithfield NYC,

Plaintiffs-Appellants-Respondents,

v

Gavin Whiston, Thomas McCarthy, Kieron

Slattery, Moxy Restaurant Associates,

Inc. and Dubcork Inc., a New York

Corporation, doing business as

Smithfield Tavern, Smithfield NYC and

Smithfield Hall,

Defendants-Respondents-Appellants,

Plaintiffs-appellants-respondents having moved for a stay of all proceedings in the Supreme Court pending hearing and determination of the appeal taken from the order of the Supreme Court, New York County, entered on or about October 4, 2019, 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 and the interim relief granted by a Justice of this Court by order dated

January 13, 2020, is hereby vacated. ENTERED: FEBRUARY 25, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Jeffrey K. Oing Lizbeth GonzÁlez, Justices

M-391

Index No. 652621/14