Opinion
Motion No: M-3671
10-01-2019
Gerald Imber, M.D., P.C., Plaintiff-Appellant, v. Carl Fischer Photography, Inc., Defendant-Respondent.
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about April 24, 2019, And an order of this Court having been entered on June 20, 2019 (M-2483), granting plaintiff's motion to the extent of reinstating a temporary restraining order which had been vacated by the Supreme Court's April 24, 2019 order, on condition plaintiff perfects its appeal for the December 2019 Term of this Court, And defendant-respondent Carl Fisher Photography, having moved for reargument of this Court's aforesaid order, entered on June 20, 2019 (Motion No. 2483), and upon reargument, modifying the order to condition the reinstatement of the stay upon plaintiff's posting of an undertaking in the amount $3,200,000, and payment of monthly use and occupancy,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.
ENTERED: October 1, 2019
__________ CLERK
Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Troy K. Webber Jeffrey K. Oing,Justices
M-3671
Index No. 653353/18