| Wythe Berry Fee Owner, LLC v Wythe Berry, LLC |
| Motion No: 2021-09065 |
| Slip Opinion No: 2022 NY Slip Op 75308(U) |
| Decided on December 7, 2022 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M286358
AFA/
VALERIE BRATHWAITE NELSON, J.P.
ANGELA G. IANNACCI
WILLIAM G. FORD
BARRY E. WARHIT, JJ.
|
2021-09065 Wythe Berry Fee Owner, LLC, respondent-appellant, v Wythe Berry, LLC, et al., appellants-respondents, et al., defendant. (Index No. 514152/2021)
| DECISION & ORDER ON MOTION |
2022-08977
Wythe Berry Fee Owner, LLC, respondent,
v Wythe Berry, LLC, et al., defendants;
William Vale Hotel, LLC, et al., nonparty-appellants.
(Index No. 514152/2021)
2022-08979
Wythe Berry Fee Owner, LLC, respondent,
v Wythe Berry, LLC, et al., appellants, et al.,
defendant.
(Index No. 514152/2021)
Appeal and cross appeal from an order of the Supreme Court, Kings County, dated December 1, 2021, and appeals from two orders of the same court dated September 29, 2022, and November 3, 2022, respectively. Joint motion by Wythe Berry, LLC, Zelig Weiss, William Vale Hotel, LLC, William Vale FNB, LLC, North 12 Parking, LLC, Espresso Hospitality Management, LLC, and A. Kahan CPA, P.C., to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal and cross appeal from the order dated December 1, 2021, or, in the alternative, to stay enforcement of the orders dated September 29, 2022, and November 3, 2022, pending hearing and determination of the appeals from those orders, and for an award of costs and attorney's fees.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
BRATHWAITE NELSON, J.P., IANNACCI, FORD and WARHIT, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court