Opinion
M-2434 M-2404 M-2108
08-13-2020
Hemant Shah, Varsha Shah, Plaintiffs-Appellants-Respondents, v. 20 East 64th Street LLC, Defendant-Respondent-Appellant, Urban Foundation/Engineering, LLC, Tri Star Construction Corp., Abelow Sherman Architects LLC, RA Consultants LLC, Defendants.
An appeal and cross appeal having been taken by plaintiffs-appellants-respondents and by defendant-respondent-appellant from a judgment of the Supreme Court New York County, entered on or about June 13, 2019, and the appeal of plaintiffs-appellants having been perfected, And appeals having been taken by defendant-respondent-appellant from orders of the same court, entered on or about May 10, 2019, And defendant Tri Star Construction Corp. having moved for an order (1) dismissing plaintiff's perfected appeal from the aforesaid judgment entered on or about June 13, 2019, on the ground that it is not a final judgment and cannot bring up for review an order of the same court entered on or about November 30, 2018; or (2) staying plaintiffs' appeal; or (3) directing plaintiffs to file a supplemental appendix and permitting Tri Star to file a respondent's brief with two weeks of service thereof (M-2108), And plaintiffs-appellants-respondents having moved for an award of sanctions and attorneys fees against Tri Star (M-2404), And defendant Urban Foundation/Engineering, LLC having moved for an order (1) dismissing plaintiffs' perfected appeal from the aforesaid judgment entered on June 13, 2019, as taken from a non-final judgment in an attempt to appeal from nonappealable orders, consolidating all appeals arising from the three-part trial of the action, and striking plaintiffs' March 16, 2020 appellate filings; or (2) staying plaintiffs' appeal and the cross-appeal of defendant 20 East 64th Street, LLC; or (3) directing plaintiffs to file a supplemental appendix containing essential record materials, and permitting Urban to file a respondent's brief within two weeks of service thereof, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,It is ordered that the motions (M-2108 and M-2424) are granted to the extent of permitting defendants Tri Star and Urban to file respondents' briefs and a supplemental appendix, with costs to abide the appeal, and adjourning the appeal to the December 2020 Term, without prejudice to raising the issues of appealability in their briefs, and are otherwise denied; and it is further, Ordered that the motion (M-2404) is denied.
ENTERED: AUGUST 13, 2020
__________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice,Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices
Index No. 156305/15