Opinion
Motion No. 2401 Motion No. 2568
09-24-2020
Suttongate Holdings, Ltd., Plaintiff-Respondent, v. Lanconm Management N.V., et al., Defendants-Appellants. Lanconm Management N.V., et al., Counterclaim Plaintiffs-Appellants, v. Suttongate Holdings, Ltd., et al. Counterclaim Defendants-Respondents. Lanconm Management N.V., et al., Third-Party Plaintiffs-Appellants, Barbery Group, Ltd., and Pledge Group Holdings, Inc., Nominal Third-Party Plaintiffs-Appellants, v. Waverly Investments, Ltd. And Arie E. David, Third-Party Defendants-Respondents.
PRESENT: Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Angela M. Mazzarelli Peter H. Moulton Lizbeth González, Justices. Index No. 652393/15
Case No. 2019-04034
An appeal having been taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about September 25, 2019, and said appeal having been perfected on behalf of defendant Samir Andrawos and third party plaintiff Barbery Group Ltd.,
And plaintiff-respondent, Suttongate Holdings Limited, having moved for an order (a) dismissing the appeal brought by third-party plaintiff-appellant Barbery Group, Ltd.; (b) dismissing the appeal brought by defendant-appellant Samir Andrawos insofar as it challenges the award of injunctive relief relating to the subject properties, or, alternatively, (c) taking judicial notice of and/or enlarging the record to include Andrawos' Affidavit sworn to on January 16, 2020 and an "Authentic Copy of First Grosse of Mortgage Deed" dated March 10, 2020 and related proofs of registration, all of which are on file in the St. Maarten land registry; and (d) adjourning the appeal to the term following issuance of a decision on this motion (M-2401),
And third-party plaintiff Barbery Group, Ltd. having cross-moved for an order permitting it to intervene in the aforesaid appeal (M-2568),
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is
Ordered that plaintiff-respondent's motion (M-2401) is granted to the extent of taking judicial notice of Andrawos' affidavit in opposition to motion for sanctions, sworn to January 16, 2020, (Exhibit 2 to the moving papers) and dismissing the appeal bought by Barbery Group, Ltd., and is otherwise denied, without prejudice to movant raising its arguments in its respondent's brief (M-2401), and it is further
Ordered that third-party plaintiff Barbery Group Ltd.'s cross motion to intervene (M-2568) is denied. ENTERED: September 24, 2020
/s/
Susanna Molina Rojas
Clerk of the Court