QP I-XXV, LLC v. Lame

Full title: QP I-XXV, LLC, Respondent, v. Lawrence Lame, Appellant; 98-30 67th Avenue…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Sep 8, 2014

2014 N.Y. Slip Op. 82914 (N.Y. App. Term 2014)

2014 N.Y. Slip Op. 85479

Opinion

Motion No: 2012-01909 QC

09-08-2014

QP I-XXV, LLC, Respondent, v. Lawrence Lame, Appellant; 98-30 67th Avenue, LLC, Nonparty.

JAIME A. RIOS, J.P.

MICHAEL L. PESCE

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

Motion by appellant, by order to show cause, to amend this court's decision and order dated November 29, 2013, which determined an appeal from an order of the Civil Court of the City of New York, Queens County, entered August 6, 2012. Separate motion by nonparty 98-30 67th Avenue, LLC to be substituted as respondent herein, to substitute Horing, Welikson & Rosen, P.C. as attorneys of record for respondent herein, for an enlargement of time to serve and file papers in partial opposition to appellant's motion, and to modify the stay contained in appellant's order to show cause so as to enable said nonparty to move for substitution in the Civil Court.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,

ORDERED that the branches of the motion by 98-30 67th Avenue, LLC seeking to be substituted as respondent herein, to substitute Horing, Welikson & Rosen, P.C. as attorneys of record for respondent herein and for an enlargement of time to serve and file papers in opposition to appellant's motion are denied; and it is further,

ORDERED that the branch of the motion by 98-30 67th Avenue, LLC seeking to modify the stay contained in the order to show cause is denied as academic; and it is further,

ORDERED that the branch of appellant's motion seeking to amend this court's decision and order dated November 29, 2013 is granted to the extent that the decision and order dated November 29, 2013 (42 Misc 3d 57) are recalled and vacated and a new decision and order substituted therefor (see appeal No. 2012-1909 Q C, decided simultaneously herewith); and it is further,

ORDERED that the branch of appellant's motion seeking leave to appeal to the Appellate Division from the decision and order of this court dated November 29, 2013 is denied as academic.

PESCE and SOLOMON, JJ., concur.

RIOS, J.P., taking no part.

ENTER:

Paul Kenny

Chief Clerk