Opinion
Motion No. 2022-04679 Index No. 809181/22ECase No. 2022-04962
01-05-2023
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Lizbeth González Tanya R. Kennedy Manuel J. Mendez John R. Higgitt, Justices.
An appeal having been taken to this Court from an order of the Supreme Court, Bronx County, entered on or about September 19, 2022,
And plaintiffs-appellants having moved: (1) to stay all proceedings, including defendant's pending motion to dismiss, pending hearing and determination of the appeal; (2) for a preliminary injunction restraining defendant from seeking to enforce the terms, conditions, rights and remedies provided in the Judgment of Confession dated December 19, 2019 and entered in connection with the Janet Transit and VTI loans; (3) for a preliminary injunction restraining defendant from seeking to enforce the terms of the Janet Transit and VTI loans as detailed within the loan documents; and (4) for a preliminary injunction restraining defendant from seeking to enforce the terms of the real estate loans made to plaintiffs 136 CSW Realty LLC, 236 E. 138th LLC and JWG Wash and Lube LLC, as detailed within the loan documents, 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, and the interim relief granted by the stipulation dated December 12, 2022, so ordered by a Justice of this Court, is hereby vacated.