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Elberg v. Pewzner

Supreme Court of New York, First Department
Jun 8, 2023
2023 N.Y. Slip Op. 68256 (N.Y. App. Div. 2023)

Opinion

Motion Nos. 2023-01962 2023-01977 Index No. 657021/22 Nos. 2022-04570 2022-03815 Index No. 653373/16 No. 2022-03814

06-08-2023

Ruben Elberg, individually and derivatively on behalf of Royal CP Hotel Holdings LP and Royal HI Hotel Holdings LP, Plaintiff-Respondent, v. Tamara Pewzner, individually, as co-executor and co-trustee of the Estate of Jacob Elberg, et al., Defendant-Appellant. Ruben Elberg, individually and derivatively on behalf of Royal CP Hotel Holdings LP and Royal HI Hotel Holdings LP, Plaintiff-Respondent, v. Crabapple Corp. and Tamara Pewzner, individually, as co-executor and co-trustee of the Estate of Jacob Elberg, Defendants-Appellants, Royal One Real Estate, LLC, et al., Nominal Defendants-Appellants.


Unpublished Opinion

MOTION DECISION

Present - Hon. Jeffrey K. Oing, Justice Presiding, David Friedman Peter H. Moulton Martin Shulman John R. Higgitt, Justices.

Appeals having been taken to this Court from a judgment of the Supreme Court, New York County, entered on or about October 03, 2022 (Case No. 2022-04570), from a so-ordered stipulation and additional supplemental order of the same court and justice, entered on or about July 29, 2022 (Case No. 2022-03814), and an order of the same court and justice, entered on or about August 01, 2022 (Case No. 2022-03815),

And defendant-appellant Tamara Pewzner having moved, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of the appeal under Case No. 2022-04570, and, upon vacatur, for an extension of time in which to perfect same (Motion No. 2023-01962), and for an extension of time in which to perfect the appeals taken to this Court under Case Nos. 2022-03814 and 2022-03815 (Motion No. 2023-01977), 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 are granted to the extent of (1) vacating the dismissal of the appeal taken to this Court under Case No. 2022-04570, reinstating same, and extending the time in which to perfect said appeal to the October 2023 Term of this Court (Motion No. 2023-01962); and (2) extending the time to perfect the appeals under Case Nos. 2022-03814 and 2022-03815 to the October 2023 Term of this Court (Motion No. 2023-01977).


Summaries of

Elberg v. Pewzner

Supreme Court of New York, First Department
Jun 8, 2023
2023 N.Y. Slip Op. 68256 (N.Y. App. Div. 2023)
Case details for

Elberg v. Pewzner

Case Details

Full title:Ruben Elberg, individually and derivatively on behalf of Royal CP Hotel…

Court:Supreme Court of New York, First Department

Date published: Jun 8, 2023

Citations

2023 N.Y. Slip Op. 68256 (N.Y. App. Div. 2023)