Cuba v 809 Broadway Holding, LLC
Motion No: 2024-11217
Slip Opinion No: 2025 NY Slip Op 80180(U)
Decided on November 7, 2025
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

M309075

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

CARL J. LANDICINO

LAURENCE L. LOVE, JJ.

2024-11217

Jose Cuba, appellant, v 809 Broadway

Holding, LLC, et al., respondents, et al.,

defendants (and third-party actions).

(Index No. 714007/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated July 2, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

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

ORDERED that the motion is denied with leave to renew upon proper papers, including an affidavit setting forth good cause for vacatur of the dismissal, an intent to perfect the appeal or proceeding within a reasonable time, and sufficient facts to demonstrate a meritorious appeal or proceeding (see 22 NYCRR 1250.10[c]).

IANNACCI, J.P., GENOVESI, LANDICINO and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court