Opinion
Motion No. 2021-00713
03-25-2021
Deka Immobilien Investment GmbH, Plaintiff-Appellant-Respondent, v. Lexington Avenue Hotel, L.P., Defendant-Respondent-Appellant.
Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Anil C. Singh Lizbeth González Tanya R. Kennedy, Justices. Index No. 2021-00881
Case No. 653717/2020 2021-00555
An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about February 05, 2021,
And defendant-respondent-appellant having moved for a stay of discovery pending hearing and determination of the appeal and cross appeal (M-2021-00713),
And plaintiff-appellant-respondent having cross moved a preference in the hearing of the appeal and cross appeal (M-2021-00881),
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 to stay discovery (M-2021—00713) is granted on condition that defendant-respondent-appellant perfects the cross appeal for the June 2021 Term, to which Term the perfected appeal is adjourned, provided that the parties are permitted to serve subpoenas on non-parties in Germany, although compliance with the subpoenas is stayed, and it is further
Ordered that the cross motion for a preference (M-2021-00881) is granted to the extent that the Clerk is directed to maintain the appeal on the June 2021 Term. ENTERED: March 25, 2021
/s/
Susanna Molina Rojas
Clerk of the Court