Opinion
Motion No. 2023-01137 Index No. 653821/22No. 2023-01142
04-06-2023
CMB Export Infrastructure Investment Group 48, LP, Plaintiff-Respondent, v. Motcomb Estates Ltd. and Reuben Brothers Ltd., Defendants-Appellants, CDCF IV Century Mezz, LLC and NCPMB, LLC, Defendants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, David Friedman, Peter H. Moulton, Saliann Scarpulla, John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about February 28, 2023, and said appeal having been perfected, And defendants-appellants having moved to vacate the preliminary injunction issued by Supreme Court in the aforesaid February 28, 2023 order, or in the alternative, to stay the order pending the hearing and determination of the appeal, to increase the amount of the undertaking to $200 million, and for a calendar preference, 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 only to the extent of directing the Clerk of this Court to maintain the perfected appeal on the calendar for the June 2023 Term of this Court. The motion is otherwise denied.