Opinion
Motion No. 2022-03038 Index No. 654308/19Case No. 2019-03797
01-17-2023
Booston LLC, Plaintiff-Appellant, v. 35 West Realty Co., LLC, Defendant-Respondent.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Sallie Manzanet-Daniels, Justice Presiding, Jeffrey K. Oing Ellen Gesmer Anil C. Singh, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 12, 2019, and said appeal having been perfected and decided, And an order of this Court entered on October 31, 2019 (M-7394) having granted plaintiff-appellant's motion for, inter alia, an order enjoining defendant-respondent, pending the hearing and determination of the appeal, from issuing any notice of termination or cancellation of plaintiff's lease, to the extent of continuing the interim relief granted by a Justice of this Court dated September 19, 2019, upon the same terms and conditions as set forth therein, and on additional conditions, including that plaintiff-appellant maintain a $1 million bond, And plaintiff-appellant having moved to vacate so much of the aforesaid order of this Court entered on October 31, 2019 (M-7394) as directed plaintiff to maintain the $1 million bond, 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 denied.