Opinion
M-658 M-573
03-26-2020
The Bank of New York, as Trustee for the Benefit of the Certificateholders, CWalt, Inc., Alternative Loan Trust 2007-HY4 Mortgage Pass-Through Certificates, Series 2007-HY4, Plaintiff-Appellant, v. Terrapin Industries, LLC, et al., Defendants-Respondents. KBS Sheapshead Bay, LLC, Plaintiff-Respondent-Appellant, v. Bank of New York, as Trustee for the Index No. 850121/16 Benefit of the Certificateholders, CWalt, Action No. 2 Inc., Alternative Loan Trust 2007-HY4 Mortgage Pass-Through Certificates, Series 2007-HYF, Defendant-Appellant-Respondent, Terrapin Design Group, LLC, et al., Defendants-Respondents.
Appeals having been taken to this Court by plaintiff (Action No. 1)/defendant (Action No. 2), Bank of New York etc., from orders of the Supreme Court, New York County, entered on or about May 13, 2019 (Action No. 1) and May 14, 2019 (Action No. 2), respectively, And a cross appeal having been taken to this Court by plaintiff (Action No. 2), KBS Sheapshead Bay, LLC, from the aforementioned order of the Supreme Court, New York County, entered on or about May 14, 2019 (Action No. 2), And plaintiff-appellant (Action 1)/defendant-appellant (Action No. 2), Bank of New York etc., having moved for an order consolidating its appeals in Action No. 1 and Action No. 2, and extending its time to perfect the consolidated appeals (M-573), And defendant-appellant, Bank of New York etc, having moved to dismiss plaintiff-respondent KBS Sheapshead Bay, LLC's cross appeal in Action No. 2 (M-658), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, it is Ordered that plaintiff-appellant (Action 1)/defendant-appellant (Action No. 2), Bank of New York etc.'s motion (M-573) is granted to the extent of consolidating the appeals in Action No. 1 and Action No. 2 and extending the time to perfect the consolidated appeals to the September 2020 Term, and it is furtherOrdered that the motion to dismiss the cross appeal in Action No. 2 is denied (M-658).
ENTERED: MARCH 26, 2020
__________ CLERK
PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Anil C. Singh, Justices
Index No. 103643/08 Action No. 1