P62 LLC formerly known as 225 Liberty LLC v WFP Retail Co. L.P. .

Motion No: M-2542

Slip Opinion No: 2020 NYSlipOp 71074(U)

Decided on September 3, 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.

September 3, 2020

P62 LLC, formerly known as 225 Liberty LLC,

Plaintiff-Respondent,

v

WFP Retail Co. L.P.,

Defendant-Appellant.

WFP Retail Co. L.P., Third-Party-Plaintiff-Appellant, v

Ibrahim Merchant, also known as Abraham

Merchant and Richard L. Cohn, Third-Party-Defendants-Respondents.

------------------------------------------X An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about July 13, 2020, and defendant/third-party plaintiff-appellant having moved for a stay of trial pending hearing and determination of the appeal taken, 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 on condition that appellant perfects the appeal for the December 2020 Term of this Court. ENTERED: September 3, 2020

_____________________ CLERK

PRESENT: Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Peter H. Moulton Lizbeth GonzÁlez,Justices

M-2542

Index No. 650649/18