Opinion
M-384 M-413
04-12-2018
John Stevens and Martha Stevens, Plaintiffs-Respondents, v. 680 St. Nicholas, LLC, and Arkar, Inc., Defendants-Respondents, 136 Street Donuts LLC and Lenox Avenue Donuts, incorrectly sued herein as Dunkin Donuts, Defendants-Appellants. 680 St. Nicholas, LLC, and Arkar, Inc., Third-Party Third-Party Plaintiffs-Respondents, Index No. 590914/13 v. 145th Street Donuts, LLC, Third-Party Defendant-Appellant.
An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 12, 2016, And plaintiffs-respondents having moved to dismiss the aforesaid appeal for failure to timely perfect (M-413) And defendants-appellants/third-party defendant-appellant having cross-moved for a further enlargement of time to perfect their appeal taken from the aforesaid order (M-384), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to dismiss the appeal is denied (M-413). The cross motion is granted to the extent of enlarging the time to perfect the appeal to the September 2018 Term, with no further enlargements to be granted (M-384).
ENTERED: April 12, 2018
_____________________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding,Rosalyn H. Richter Angela M. Mazzarelli Barbara R. Kapnick Ellen Gesmer, Justices
Index No. 154103/12