Opinion
Motion No. 2023-04053 Index No. 153086/22Case No. 2022-05442
10-19-2023
Eli Barzilai, Dominique Avery, Andrée Fischer and Ludwig Marum, Plaintiffs-Appellants, v. Israel Museum, Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Presiding Justice, Cynthia S. Kern Lizbeth González Manuel J. Mendez Bahaati E. Pitt-Burke, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about November 14, 2022, and said appeal having been perfected, And plaintiffs-appellants having moved (1) to renew their previous motion (Motion No. 2023-01866) for leave to substitute Werner Fischer, Tamara Fischer, and David Fischer, the proposed heirs of plaintiff Andrée Fischer, now deceased, as plaintiffs in his place, and to amend the caption and all pleadings accordingly, and (2) to lift the stay of the appeal imposed by an order of this Court entered on June 08, 2023, And (, which denied with leave to renew, plaintiffs-appellant's motion to substitute Werner Fischer, Tamara Fischer, and David Fischer, the proposed heirs of plaintiff Andrée Fischer, now deceased, as plaintiffs in his place and to amend the caption and all pleadings accordingly, and sua sponte, held the perfected appeal in abeyance pending substitution of the deceased plaintiff, 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 substituting Werner Fischer, Tamara Fischer, and David Fischer as appellants in the place and stead of Andrée Fischer, and directing plaintiffs-appellants to amend the caption on the Record on Appeal and Appellants' Brief to reflect the aforesaid substitution, and lifting the stay of the appeal, which is hereby adjourned to the January 2024 Term of this Court.