Opinion
Motion No: M-1270
08-27-2020
Jean Henriquez-Rodriguez, Plaintiff-Respondent-Appellant, v. Index #23380/14 160 West 118th Street Corp., Defendant-Appellant-Respondent, -and- Scott Metzner, Defendant. And Third-Party Action
Appeals having been taken by defendant-appellant-respondent from an order of the Supreme Court, Bronx County, entered on or about July 2, 2019, and from a judgment, same court, entered on or about August 21, 2019, and plaintiff-respondent-appellant having taken a cross appeal from the aforesaid judgment,And defendant-appellant-respondent having moved, pursuant 22 NYCRR 1250.10(c), to vacate the dismissal of its appeals from the July 2, 2019 order and August 21, 2019 judgment, and for an extension of time to perfect the appeals (M-1243), And plaintiff-respondent-appellant having cross-moved, pursuant to CPLR 5519(c), to vacate the stay defendant-appellant- respondent obtained pending its appeal of the August 21, 2019 judgment on the grounds that the appeal on which the stay was based has been dismissed, and for related relief (M-1270), 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 (M-1243) is granted, the appeals from the July 2, 2019 order and August 21, 2019 judgment reinstated, and the time to perfect same is enlarged to the December 2020 Term. The cross motion (M-1270) is denied.
ENTERED: August 27, 2020
__________ CLERK
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding,Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing, Justices
M-1270
M-1243