DCCA LLC v Charles S. Cohen Cohen Brothers Realty

Motion No: M-1877

Slip Opinion No: 2020 NYSlipOp 70571(U)

Decided on August 27, 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 27, 2020

DCCA, LLC,

Plaintiff-Respondent,

v

Charles S. Cohen, Cohen Brothers Realty

Corp., Anderson Hill Road Capital LLC and

Anderson Hill Road Loan LLC,

Defendants-Appellants.

Appeals having been taken to this Court from the orders of the Supreme Court, New York County, entered on or about February 10, 2020, which granted plaintiff-respondent a preliminary injunction enjoining defendants-appellants from "asserting any rights to foreclosure the mortgage on the Arrowood property that is security for [a] Loan" (Case No. 2020-1953, M-1877), and on or about February 25, 2020, which granted plaintiff-respondent a preliminary injunction enjoining defendants-appellants, Charles S. Cohen and Cohen Brothers Realty Corp. from "[a]sserting any rights to foreclose on the mortgage on the Arrowood property that is security for the loan," and denied defendants's cross motion to transfer venue to Westchester County (Case No. 2020-1952, M-1876), And defendants-appellants having moved for an order pursuant to CPLR 5518 vacating, modifying, and/or limiting the enforcement of the aforementioned orders entered on or about February 25, 2020 (M-1876), and on or about February 10, 2020 (M-1877), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are denied. ENTERED: August 27, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-1877

M-1876

Index No. 650845/20