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Elberg v. Pewzner

Supreme Court of New York, First Department
Sep 14, 2023
2023 N.Y. Slip Op. 73316 (N.Y. App. Div. 2023)

Opinion

Motion Nos. 2023-03431 2023-03473 Index Nos. 657021/22 653373/16 Case Nos. 2022-04570 2022-03815 2022-03814

09-14-2023

Ruben Elberg, individually and derivatively on behalf of Royal CP Hotel Holdings LP and Royal HI Hotel Holdings LP, Plaintiff-Respondent, v. Tamara Pewzner, individually, as co-executor and co-trustee of the Estate of Jacob Elberg, et al., Defendant-Appellant. Ruben Elberg, individually and derivatively on behalf of Royal CP Hotel Holdings LP and Royal HI Hotel Holdings LP, Plaintiff-Respondent, v. Crabapple Corp. and Tamara Pewzner, individually, as co-executor and co-trustee of the Estate of Jacob Elberg, Defendants-Appellants, Royal One Real Estate, LLC, et al., Nominal Defendants-Appellants.


Unpublished Opinion

MOTION DECISION

PRESENT: Hon. Anil C. Singh, Justice Presiding, Lizbeth González Tanya R. Kennedy Julio Rodriguez III Bahaati E. Pitt-Burke, Justices.

Appeals having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about October 03, 2022 (Case No. 2022-04570), from a so-ordered stipulation and additional supplemental order of the same court and justice, entered on or about July 29, 2022 (Case No. 2022-03814), and from an order of the same court and justice, entered on or about August 01, 2022 (Case No. 2022-03815),

And defendant-appellant Tamara Pewzner having moved for an extension of time to perfect the appeal taken under Case No. 2022-04570 and to stay the hearing of said appeal pending the determination of the instant motion (Motion No. 2023-03431), And defendant-appellant Tamara Pewzner having separately moved for an extension of time in which to perfect the appeals taken to this Court under Case Nos. 2022-03814 and 2022-03815 and to consolidate said appeals (Motion No. 2023-03473), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that defendant's motion seeking an extension of time to perfect the appeal under Case No. 2022-04570 and to stay the hearing of the appeal pending the instant motion, is granted to the extent of extending the time to perfect the appeal to the March 2024 Term of this Court, and is otherwise denied (Motion No. 2023-03431). Defendant's motion seeking an extension of time to perfect and consolidate the appeals taken under Case Nos. 2022-03814 and 2022-03815 is granted to the extent of extending the time to perfect said appeals to the March 2024 Term of this Court and directing the Clerk of this Court to calendar argument for each of the aforesaid appeals for the same day; the motion is otherwise denied (Motion No. 2023-03473).


Summaries of

Elberg v. Pewzner

Supreme Court of New York, First Department
Sep 14, 2023
2023 N.Y. Slip Op. 73316 (N.Y. App. Div. 2023)
Case details for

Elberg v. Pewzner

Case Details

Full title:Ruben Elberg, individually and derivatively on behalf of Royal CP Hotel…

Court:Supreme Court of New York, First Department

Date published: Sep 14, 2023

Citations

2023 N.Y. Slip Op. 73316 (N.Y. App. Div. 2023)