128 Bake Corp. v Geltman Realty Corp. and Madison 30 31 Owner LLC

Motion No: M-2398

Slip Opinion No: 2020 NYSlipOp 71333(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

128 Bake Corp.,

Plaintiff-Appellant,

v

Geltman Realty Corp. and Madison 30

31 Owner LLC,

Defendants-Respondent.

Madison 30 31 Owner LLC, Third-Party Plaintiff-Respondent, v

Breeze National, Inc., Oliviero

Construction Corp., and Hayward Baker,

Inc., Third-Party Defendants-Respondents.

---------------------------------------X An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 12, 2019,And plaintiff-appellant having moved to vacate the dismissal of appeal, and upon reinstatement, for an extension of time in which to perfect same, 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, the dismissal 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-2398

Index No. 653008/17