Opinion
Motion No. 2023-03815 Index No. 158816/21Case No. 2022-05674
10-12-2023
58-Second Avenue Properties, LLC, Plaintiff-Appellant, v. Second Ave Restaurant Group Inc., also known as Second Avenue Restaurant Group Inc and Eugenia Smilowitz, Defendants-Respondents.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Peter H. Moulton Bahaati E. Pitt-Burke Kelly O'Neill Levy, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 16, 2022,
And plaintiff-appellant having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal, and, upon vacatur, for an extension of time in which to perfect same, 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 to the extent of vacating the dismissal, reinstating the aforesaid appeal, and extending the time in which to perfect same to the February 2024 Term of this Court.