Opinion
Motion No: M-6150
01-10-2017
Getty Properties Corp., et al., Plaintiffs-Respondents-Appellants, v. 1714 New York Ave. LLC, 292 Railroad Ave., LLC, 286 Ashburton Ave., LLC and Frank Mascolo, Defendants-Respondents, -and- Getty Petroleum Marketing Inc., 1314 Sedgwick Ave. LLC, 262-12 Hillside Ave. LLC also known as 262 Hillside Ave LLC, 1224 Route 22 LLC, 310 Bay Shore Road LLC, 751 White Plains Road LLC, 1245 Nepperham Ave. LLC, 26-27 College Point Boulevard #2 LLC, 2 Montauk Highway LLC, 600 White Plains Road LLC, 857 Rt. 6 Mahopac LLC, 49-25 Van Dam Street LLC, also known as 49-25 Vandam Street LLC, 31-05 Queens Blvd. LLC, also known as 31-05 Queens Blvd LLC, 69 BK Street LLC, also known as 69 BK Street, LLC, 67 Quaker Ridge Road LLC, One Pleasantville Road LLC, 894 Route 109, LLC, 185 East Lincoln Avenue LLC, Robert G. Del Gadio, Defendants-Appellants-Respondents.
Appeals and a cross-appeal having been taken from a judgment of the Supreme Court, New York County, entered on or about July 6, 2016, and said appeals and cross appeal having been perfected, And, 1714 New York Ave., LLC, 292 Railroad Ave., LLC, 286 Ashburton Ave., LLC, and Frank Mascalo the "292 Railroad Ave. defendants" having moved to dismiss plaintiffs' cross-appeal, or in the alternative for leave to file a brief as respondents on plaintiffs' cross-appeal, 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, to the extent it seeks dismissal of the cross-appeal, is denied, without prejudice to advancing such argument directly on the appeal. The 292 Railroad Ave. defendants are granted leave to file a respondents brief for the May 2017 Term to which Term the appeal and cross-appeal are adjourned; defendants are directed to file a response brief to plaintiffs' cross-appeal on or before March 22, 2017 for said Term. Plaintiffs are granted leave to file a supplemental reply brief limited to addressing he Railroad Ave. defendants brief.
ENTERED: January 10, 2017.
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Karla Moskowitz Sallie Manzanet-Daniels, Justices
M-6150
Index No. 651762/12