Quik Park 808 Garage LLC v 808 Columbus Commercial Owner LLC .

Motion No: M-2290

Slip Opinion No: 2020 NYSlipOp 69900(U)

Decided on August 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.

August 13, 2020

Quik Park 808 Garage LLC,

Plaintiff-Appellant,

v

808 Columbus Commercial Owner LLC,

Defendant-Respondent.

An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about

November 25, 2019, which, inter alia, denied plaintiff's motion for a Yellowstone injunction, said appeal having been perfected, And defendant-respondent having moved to vacate the conditional stay tolling the cure period, pending the hearing and determination of the aforesaid appeal, granted by an order of this court entered on January 9, 2020 (M-8784), 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 and this Court's January 9, 2020 appellate injunction tolling the running of the cure period is vacated. ENTERED: AUGUST 13, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer, Jeffrey K. Oing, Justices

M-2290

Index No. 159396/19