Opinion
Motion Nos. 2023-02579 2023-02448 2023-02609 Index No. 655689/21 Case No. 2022-04776
07-06-2023
Go New York Tours, Inc., Plaintiff-Respondent, v. Tour Central Park Inc., Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Troy K. Webber, Justice Presiding, Cynthia S. Kern David Friedman Manuel J. Mendez Martin Shulman, Justices.
An order of this Court having been entered on January 05, 2023, staying, pending the hearing and determination of defendant-appellant's appeal, the order of the Supreme Court, New York County, entered on or about October 25, 2022 [Motion No. 2022-04681], And plaintiff-respondent having moved, upon the expiration of five days since its service upon defendant-appellant of the decision and order of this Court, entered on May 09, 2023 (Appeal No. 218), to vacate the aforesaid stay [M-2023-02448], And defendant-appellant having cross-moved to extend the aforesaid stay [Motion No. 2023-02609], pending the hearing and determination of its separate motion for reargument of, or, in the alternative, for leave to appeal to the Court of Appeals from, the aforesaid decision and order of this Court, entered on May 09, 2023 [Motion No. 2023-02579], Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that the motion by defendant-appellant seeking reargument, or in the alternative, leave to appeal to the Court of Appeals, is denied [Motion No. 2023-02579]. The motion by plaintiff-respondent to vacate the stay is denied as unnecessary [Motion No. 2023-02448, and the cross-motion by defendant-appellant to extend the stay [Motion No. 2023-02609] is denied as moot.