Opinion
Motion No: M-1916
05-09-2019
Lantau Holdings Ltd., Plaintiff-Respondent-Appellant, v. General Pacific Group Ltd., Defendant-Appellant-Respondent.
An appeal and cross appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about February 11, 2019, as modified by order of the same court entered on or about February 14, 2019, and said appeal having been perfected, And an appeal and cross appeal having been taken to this Court from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about April 1, 2019, which (1) dismissed plaintiff's claims against defendant for breach of the REX SPAs and Rongsheng SPAs, and defendant's claims against plaintiff for money had and received/unjust enrichment, (2) awarded defendant judgment against plaintiff in the sum of $355,351.40, plus interest, and (3) directed that upon full payment of the amounts due defendant, plaintiff shall be entitled to recover all shares of China Baoli Technology currently held in defendant's custodial account at SVK Capital Management, Ltd., And defendant-appellant-respondent having moved for a stay of enforcement of the aforementioned orders entered on or about February 11, 2019 and on or about February 14, 2019, and of the order and judgment entered on or about April 1, 2019, pending hearing and determination of the appeals taken therefrom, and for consolidation of the aforesaid appeals, 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. The parties are directed to supplement the previously filed joint record on appeal to include all documents relevant to the unperfected appeal taken from the order and judgment entered on or about April 1, 2019, including the notices of appeal, informational statements and aforesaid order and judgment, within fourteen days of the date hereof. The parties may expeditiously file revised briefs addressing the order and judgment entered on or about April 1, 2019, if so advised. The Clerk is directed to maintain the consolidated appeal on this Court's calendar for the June 2019 Term.
ENTERED: May 9, 2019
_____________________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Troy K. Webber Cynthia S. Kern, Justices
M-1916
Index No. 650085/17