320 West 115 Realty LLC v All Building Construction Corp. and

Motion No: M-2251

Slip Opinion No: 2020 NYSlipOp 71331(U)

Decided on September 10, 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 10, 2020

320 West 115 Realty LLC,

Plaintiff-Appellant,

v

All Building Construction Corp. and

Edward Campanella,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about October 18, 2019,And plaintiff-appellant having moved for an order substituting Olivia Campanella, as Temporary Administrator for the Estate of the deceased defendant-respondent, Edward Campanella, in place of defendant-respondent Edward Campanella, 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 denied, with leave to renew, upon service of the motion on Olivia Campanella, as Temporary Administrator for the Estate of the deceased defendant-respondent, Edward Campanella, and it is further,Ordered that the dismissal of the appeal is vacated, the appeal reinstated, and the time to perfect said appeal is extended to the February 2021 Term of this Court. ENTERED: September 10, 2020

_____________________ CLERK

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

M-2251

Index No. 651613/18