Residential Board of Millennium Point v Condominium Board of Millennium Point Diego Rico Jane Davison Amy Press

Motion No: M-2735

Slip Opinion No: 2020 NYSlipOp 71687(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

Residential Board of Millennium Point,

a condominium located at 10 West Street,

New York, New York, Richard Paige, Sol

Reischer and Evangelia Petrakis, as

members of the Residential Board, and

Joseph Spinelli, as a Unit Owner of the

Millennium Point Condominium,

Plaintiffs-Respondents-Appellants,

v

Condominium Board of Millennium Point,

Diego Rico, Jane Davison, Amy Press,

MPE Hotel 1 (Downtown New York) LLC,

MPE Hotel 1 Tenant (Downtown New York)

LLC, Commercial Board of Millennium Point,

Defendants-Appellants-Respondents,

Westbrook Partners, LLC., The Leading

Hotels of the World, Ltd. and

Highgate Hotels, L.P.

Defendants.

-and-

The Hugh L. Carey Battery Park

City Authority,

Nominal Defendant.

-----------------------------------------x

MPE Hotel 1 (Downtown New York) LLC,

MPE Hotel 1 Tenant (Downtown New York)

LLC, Counterclaim Plaintiffs-Appellants, v

Residential Board of Millennium Point,

Richard Paige, Sol Reischer, Evangelia

Petrakis and Joseph Spinelli, Counterclaim Defendants-Respondents.

-----------------------------------------x A perfected appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about July 23, 2018 (Case No. 2018-01401), and a related appeal having been taken by defendants/counterclaim plaintiffs-appellants MPE Hotel 1 (Downtown New York) LLC,

MPE Hotel 1 Tenant (Downtown New York) LLC, from an order of the same court, entered on or about July 20, 2020 (Case No. 2020-03598), And plaintiff/counterclaim defendants having moved to consolidate for oral argument the perfected appeal and cross appeal taken from the order entered on or about July 23, 2018 with the unperfected appeal taken from the order entered on or about July 20, 2020, 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 perfected appeal and cross appeal taken from the order entered on or about July 23, 2018 (Case No. 2018-01401) are adjourned to the February 2021 Term. Defendants/counterclaim plaintiffs are directed to perfect their appeal from the order entered on July 20, 2020 (Case No. 2020-03598), upon a supplemental record, on or before

December 7, 2020 for said February 2021 Term. The Clerk is directed to calendar the appeals for oral argument on the same day of said February 2021 Term. 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-2735

Index No. 651238/18