Opinion
Motion No: M-1204
03-28-2019
Joseph Gaudio and Tiffany Gaudio, Plaintiffs-Appellants, v. Leslie Harris and Pamela Harris, et al., Defendants-Respondents.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about December 10, 2018, and said appeal having been perfected, And defendants-respondents having moved for 1) dismissal of the aforesaid appeal based upon the parties' execution of a general release in favor of the Harris defendants and a Stipulation of Discontinuance with prejudice, and 2) for the imposition of sanctions for frivolous conduct pursuant to 22 NYCRR 130-1.1, 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, without prejudice to defendants-respondents addressing the issue directly on appeal. Sua sponte, it is ordered that the instant appeal be placed on the same day calendar as the appeals pending in Gaudio, et al. V The Grabler Building Condominium, et al. (Index No. 153998/16 [Cal. Nos. 1131, 1221, and 1613]) for the June 2019 Term.
ENTERED: March 28, 2019
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Barbara R. Kapnick Troy K. Webber Ellen Gesmer,Justices
M-1204
Index No. 150982/16