111 West 57th Investment LLC on behalf v 111 West 57th Property Owner LLC.

Motion No: M-1516

Slip Opinion No: 2020 NYSlipOp 67610(U)

Decided on June 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.

June 25, 2020

111 West 57th Investment LLC, on behalf

of itself and derivatively on behalf of

111 West 57th Partners LLC and 111 West

57th Mezz 1 LLC,

Plaintiff-Appellant,

v

111 West 57th Property Owner LLC.,

Defendant-Respondent,

111 West 57th Partners LLC and 111

West 57th Mezz 1 LLC.,

Nominal Defendant-Respondent.

Separate appeals having been taken from orders of the Supreme Court, New York County, entered on or about August 8, 2019 (Case No. 2019-22702), which granted defendant-respondent's motion to cancel a notice of pendency, and March 2, 2020 (Case No. 2020-01922), which granted defendant-respondent's motion to dismiss the complaint, and the appeal from the August 8, 2019 order having been perfected, And plaintiff-appellant having moved to withdraw the perfected appeal taken from the August 8, 2019 order in favor of the appeal taken from the March 2, 2020 order, or in the alternative, should the appeal from the March 2, 2020 order not bring the August 8, 2019 order up for review, to: (i) stay enforcement of the March 2, 2020 order, thereby precluding entry of judgment on same, (ii) consolidate the appeals and grant a calendar preference, and (iii) continue the stay of the sale or transfer of the subject property, other than the sale of

individual condominium units in the ordinary course of business, granted by order of this Court entered October 10, 2019 (M-6811), pending the hearing and determination of the appeals,Now, upon reading and filing the papers with respect to the motion, and the stipulation of the parties dated April 3, 2020, and due deliberation having been had thereon,It is ordered that the motion is granted to the extent of directing the Clerk to calendar both appeals, to be heard together on the same date of the October 2020 Term, to which

Term the perfected appeal taken from the August 8, 2019 order is adjourned, on condition the appeal taken from the March 2, 2020 order is timely perfected for said October 2020 Term. The stay of the sale or transfer of the subject property, other than the sale of individual condominium units in the ordinary course of business granted by the order of this Court entered on October 10, 2019 (M-6811) is continued pending the hearing and determination of the appeals, on condition the appeal taken from the March 2, 2020 order is timely perfected. ENTERED: June 25, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Angela M. Mazzarelli Troy K. Webber Lizbeth GonzÁlez, Justices

M-1516

Index No. 653067/19