Project Guardianship v Chai 91 St. Marks PLC LLC
Motion No: 2024-05938
Slip Opinion No: 2024 NY Slip Op 76903(U)
Decided on October 21, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300140

KS/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2024-05938

Project Guardianship, etc., appellant,

v Chai 91 St. Marks PLC LLC, respondent.

(Index No. 528127/2022)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 16, 2024. Motion by the appellant for leave to appeal to this Court from the order, to stay all proceedings in an action entitled Chai 91 St. Marks PLC LLC v Cortez, pending in the Civil Court of the City of New York, Kings County, under index numbers LT-97123-2018, LT-97124-2018, and LT-97125-2018, pending hearing and determination of the appeal, and, in effect, for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from the order is granted; and it is further,

ORDERED that the branch of the motion which is, in effect, for a preference in the calendaring of the appeal is granted and the appeal will be calendared expeditiously after all briefs have been filed; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., CHRISTOPHER, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court