Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 8, 2026

2020-08577, 614537/2018

Lara J. Genovesi, J.P.

Valerie Brathwaite Nelson

Helen Voutsinas

Donna-Marie E. Golia, JJ.

[*1]

DECISION & ORDER ON MOTION

2026-01423

Wymara, Ltd., et al., appellants,

v Gansevoort Hotel Group, LLC,

respondent.

(Index No. 614537/2018)

Appeals from two orders of the Supreme Court, Nassau County, dated October 5, 2020, and January 29, 2026, respectively. The appeal from the order dated October 5, 2020 was determined by decision and order of this Court dated September 24, 2025. Motion by the appellants for leave to appeal to the Court of Appeals from the decision and order of this Court. Separate motion by the appellants, inter alia, to stay enforcement of the order dated January 29, 2026, pending hearing and determination of the appeal from the order dated January 29, 2026, and pending determination of the motion by the appellants for leave to appeal to the Court of Appeals from the decision and order of this Court. Application by Samuel Wesley, an attorney in good standing in the State of Georgia, to be admitted pro hac vice to represent the respondent on the appeal from the order dated January 29, 2026. Application by Robert Alpert, an attorney in good standing in the State of Georgia, to be admitted pro hac vice to represent the respondent on the appeal from the order dated January 29, 2026.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers have been filed in opposition or relation thereto, it is

ORDERED that the motion by the appellants for leave to appeal to the Court of Appeals from the decision and order of this Court is denied; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated January 29, 2026, pending determination of motion by the appellants for leave to appeal to the Court of Appeals from the decision and order of this Court is denied as academic; and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order dated January 29, 2026, pending hearing and determination of appeal from the order dated January 29, 2026, is granted to the extent that so much of the order dated January 29, 2026, as increased the subject undertaking is stayed, pending hearing and determination of appeal from the order dated January 29, 2026; and it is further,

ORDERED that the applications are granted; and it is further,

ORDERED that the motions are otherwise denied.

GENOVESI, J.P., BRATHWAITE NELSON, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court