Opinion
Motion No. 3011 Motion No. 3284 Motion No. 2897 Motion No. 3280
11-24-2020
ALP, Inc. and Libra Max, Plaintiffs-Respondents, v. Adam Max, Defendant-Appellant, Lawrence Moskowitz, et al., Defendants, Lawrence L. Flynn, Non-Party Appellant. Adam Max, on behalf of himself and derivatively on behalf of ALP, Inc., a New York corporation, Plaintiff-Appellant, v. ALP, Inc. and Libra Max, Defendants-Respondents, Michael Anderson, Defendant, Lawrence L. Flynn, Non-Party Defendant.
Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Ellen Gesmer Peter H. Moulton Manuel J. Mendez, Justices. Index No. 652326/19
Case No. 2020-03458 Index No. 650618/19
Case No. 2020-03459
Purported appeals having been taken to this Court from two Temporary Restraining Orders, one entered in each action (Index No. 652326/19, Case No. 2020-03458; and Index No. 650618/19, Case No. 2020-03459), granted by Supreme Court, New York County, on or about May 28, 2020,
And defendant/plaintiff-appellant Adam Max having moved (M-3011 and M-2897) for an order: (1) vacating, limiting or modifying the aforementioned temporary restraining orders or, in the alternative, if the orders are deemed not appealable as of right, granting leave to appeal pursuant to CPLR 5701 [c] and, thereafter, vacating, limiting, or modifying said orders or, in the alternative, if the orders are deemed to have been made without notice, granting review of the orders pursuant to CPLR 5704; and (2) consolidating the appeals and granting a calendar preference in the hearing of same,
And plaintiffs/defendants-respondents ALP, Inc. and Libra Max having moved (M-3284 and M-3280) for an order striking certain exhibits annexed to the moving papers in M-3011 and M-2897, and any facts or arguments that were not part of the record before Supreme Court as of May 27, 2020, the date it heard oral argument on the temporary restraining orders, or for alternative relief,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is ordered that that branch of appellant's motions (M-3011 and M-2897) which seek review of the temporary restraining orders, pursuant to CPLR 5704, is granted and, upon such review, the request to vacate, limit or modify said orders is denied. The motions are otherwise denied, and
It is further ordered that respondents' motions (M-3280 and M-3284) seeking, inter alia, to strike certain arguments and exhibits, are denied as academic. Entered: November 24, 2020
/s/
Susanna Molina Rojas
Clerk of the Court