RAINBOW DELI-GATEWAY, INC. V BRISBANE REALTY ASSOCIATES, LLC, GINO & JOE'S PIZZA VALI SPAHIU, INDIVIDUALLY AND DOING
Motion No: CA 25-01233
Slip Opinion No: 2025 NY Slip Op 76297(U)
Decided on September 9, 2025
Appellate Division, Fourth 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 9, 2025

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 25-01233

RAINBOW DELI-GATEWAY, INC., PLAINTIFF-RESPONDENT,

V

BRISBANE REALTY ASSOCIATES, LLC, GINO & JOE'S PIZZA, VALI SPAHIU, INDIVIDUALLY AND DOING BUSINESS AS GINO & JOE'S PIZZA, AND AFRIM REXHEPI, INDIVIDUALLY AND DOING BUSINESS AS GINO & JOE'S PIZZA, DEFENDANTS-APPELLANTS.


Defendants having moved for a stay of enforcement of the order appealed pursuant to CPLR 5519 (c) on the appeal taken herein from an order of the Supreme Court, Erie County, dated July 1, 2025,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 9, 2025

Ann Dillon Flynn

Clerk of the Court