Gary Gartenberg v Driton LLC doing business as Ninos Ristorante Italiano

Motion No: M-2540

Slip Opinion No: 2020 NYSlipOp 71678(U)

Decided on September 17, 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 17, 2020

Gary Gartenberg,

Plaintiff-Respondent-Appellant,

v

Driton LLC, doing business as Ninos

Ristorante Italiano,

Defendant-Appellant-Respondent,

Supreme Company I LLC and Arbesa

Rest. Corp.,

Defendants-Respondents.

An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about October 7, 2019, and said appeals having been perfected, And defendant-appellant-respondent having moved for an order staying the underlying proceedings in this matter pending the hearing and determination of the aforesaid appeals, 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. ENTERED: SEPTEMBER 17, 2020

_____________________ CLERK

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

M-2540

Index No. 154159/17