Opinion
2021-68122
06-24-2021
Epic W14 LLC, Plaintiff-Respondent, v. Stefan Malter, Seth Hirschel, Marc Miles, Barnet L. Liberman and The Gym at Union Square, LLC doing business as Clay, Defendants-Appellants.
Unpublished Opinion
MOTION DECISION
Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick Troy K. Webber, Justices.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 08, 2020, and the appeal having been perfected for the June 2021 Term, And plaintiff-respondent having moved for an order (a) proceeding with the appeal and severing it with respect to defendant-appellant Barnet Liberman who filed for bankruptcy; and (b) granting plaintiff an extension of time to file its Respondent's Brief for the September 2021 Term;, Now, upon reading and filing the papers submitted with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of severing the appeal as to defendant Barnet Liberman and allowing the appeal to proceed as to the other defendants and adjourning the perfected appeal to the October 2021 Term.