Opinion
2021-74243 Motion 2021-02857
11-09-2021
JDM Washington Street LLC, Plaintiff-Appellant-Respondent, v. 90 Washington Street, LLC, GWK Washington Street, LLC, MJK Washington Street, LLC, WSK Washington Street, LLC, Ekatz Family, LLC; Battery Associates LLC, Defendants-Respondents-Appellants, Fannie Mae, Defendants-Respondents. Index No. 156220/21 Nos. 2021-03102, 2020-04678
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Jeffrey K. Oing, Anil C. Singh, Lizbeth González, Julio Rodriguez III, Justices.
An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 20, 2021 (Case No. 2021-03102), which, among other things, granted in part tenant's request for a Yellowstone injunction and denied the branch of tenant's motion seeking a preliminary injunction enjoining Fannie Mae from foreclosing on the leasehold mortgage, and said appeal having been perfected, And an appeal and cross appeal having been taken from an order of the same court entered on or about October 27, 2020 (Case No. 2020-04678), and said appeal having been perfected, And plaintiff-appellant having moved to stay enforcement of the order entered on or about August 20, 2021 (Case No. 2021-03102) and for an injunction against the termination of the lease or foreclosure proceedings with respect to the leasehold mortgage, pending hearing and determination of the appeal taken therefrom, 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 granted.