Opinion
Motion No: M-4386
11-08-2018
CWCapital Cobalt VR Ltd., Plaintiff-Appellant, v. CWCapital Investments LLC, CWCapital Asset Management LLC, Defendants-Respondents, -and- CWFS-REDS, LLC, Defendant.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 2, 2018, and said appeal having been perfected,And plaintiff-appellant having moved, pursuant to CPLR 5518, for a preliminary appellate injunction enjoining defendants from selling commercial assets held by Wachovia Commercial Mortgage Securities Commercial Trust 2005-C17, Wachovia Commercial Mortgage Securities Commercial Trust 2007-C30 or Deutsche Mortgage & Asset Receiving Corporation Trust 2005-LP5 over the objection of its Controlling Class Representative or Directing Holder, Carbolic LLC, pending hearing and determination of the aforesaid appeal (M-4351), And plaintiff-appellant having moved separately to enlarge the record on appeal with documents attached as exhibits 2-7 to a certain affirmation submitted in support of the motion (M-4386),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions seeking a preliminary appellate injunction (M-4351) and to enlarge the record on appeal (M-4386) are denied in their entirety. The Clerk is directed to maintain the appeal on the calendar for the December 2018 Term of this Court.
ENTERED: November 8, 2018
_____________________ CLERK
PRESENT: Hon. Dianne T. Renwick,Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Troy K. Webber Anil C. Singh,Justices
M-4386
M-4351
Index No. 653277/18