Opinion
M-3135 M-3100
08-23-2018
ESRT Empire State Building, L.L.C., Plaintiff-Respondent, v. America-CV Station Group, Inc., Caribevision Station Group, LLC, and Caribevision Holdings, Inc., Defendants-Appellants.
Plaintiff-respondent having moved for dismissal of the appeal taken from an order of the Supreme Court, New York County, entered on or about May 19, 2018 (M-3100), And defendants-appellants having cross-moved for a stay of trial and a temporary restraining order of the trial on damages, pending hearing and determination of the appeal (M-3135), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is denied as untimely, without prejudice to plaintiff presenting its arguments directly on appeal (M-3100). The cross motion is denied in its entirety, and the interim relief granted by a Justice of this Court, entered on June 22, 2018, is hereby vacated.
ENTERED: August 23, 2018
_____________________ DEPUTY CLERK
PRESENT: Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Richard T. Andrias,Justices
Index No. 650638/17