Christopher Brummer v Benjamin Wey and NYG Capital LLCdoing business as New York GlobalGroup

Motion No: M-969

Slip Opinion No: 2020 NYSlipOp 64953(U)

Decided on March 13, 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.

March 13, 2020

Christopher Brummer,

Plaintiff,

v

Benjamin Wey and NYG Capital LLC,doing business as New York GlobalGroup, Defendants-Respondents,

FNL Media LLC,

Defendant.

- - - - - - - - - - - - -

Financial Industry Regulatory

Authority, Inc.,

Non-Party Appellant.

An appeal (Case No. 2020-00882) having been taken to this Court from the order of the Supreme Court, New York County, entered on or about January 28, 2020, and said appeal having been perfected, And non-party appellant Financial Industry Regulatory Authority, Inc. (FINRA) having moved (M-698) to stay enforcement of the portion of the aforesaid order which directed FINRA to produce or log certain additional documents on or before February 18, 2020, pending hearing and determination of the appeal,And an order of a Justice of this Court, dated February 4, 2020, having been made, which, inter alia, stayed all proceedings pending hearing and determination of FINRA's motion (M-698), And defendants-respondents Benjamin Wey and NYG Capital LLC,

doing business as New York Global Group, having cross-moved (M-892) for an order denying FINRA's motion (M-698) in its entirety and vacating the aforementioned interim stay issued by a Justice of this Court on February 4, 2020, or, in the alternative, staying all proceedings in Supreme Court pending hearing and determination of the appeal, And plaintiff Christopher Brummer having cross-moved (M-969) to modify the aforesaid interim stay issued by a Justice of this Court on February 4, 2020, to limit its application to the enforcement of the January 28, 2020 order on appeal, Now, upon reading and filing the papers with respect to the motion and cross motions, and due deliberation having been had thereon, It is ordered that the motion and cross motions are granted to the extent of staying the enforcement of the order entered on January 28, 2020, and any deadlines for the filing of summary judgment motion(s) and trial, pending hearing and determination of the appeal. The motion and cross motions are otherwise denied and the interim order of a Justice of this Court, dated February 4, 2020, insofar as it stayed all proceedings in Supreme Court, is vacated. ENTERED: March 13, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Sallie Manzanet-Daniels Ellen Gesmer Lizbeth GonzÁlez, Justices

M-969

M-892

M-698

Index No. 153583/15