Opinion
Motion No: M-1553
04-30-2019
U-Trend New York Investment L.P., Individually and Derivatively on Behalf of Nominal Defendant Hospitality Suite International, S.A. and its wholly-owned subsidiary US Suite Corp., Plaintiff-Appellant-Respondent, v. US Suite LLC and 440 West 41st LLC Defendants, Aura Investments Ltd., Defendant-Respondent-Appellant, -and- Hospitality Suite International, S.A. and US Suite Corp., Nominal Defendants=Respondents. U-Trend New York Investment L.P., Individually and Derivatively on Behalf Index No. 650498/15 of Nominal Defendant Hospitality Suite International, S.A. and its wholly-owned subsidiary US Suite Corp., Plaintiff and Counterclaim-Defendant-Appellant-Respondent, v. [Caption Continued] Aura Investments Ltd., Defendant and Counterclaim-Plaintiff-Respondent-Appellant, Yaacov Atrakchi, Michael Kleiner and Yohai Abtan, Defendants and Counterclaim Plaintiffs-Respondents, -and- Hospitality Suite International, S.A. and US Suite Corp., Nominal Defendants-Respondents. [And A Third-Party Action].
An appeal and cross appeal having been taken to this Court from a judgment of the Supreme Court, New York County, rendered January 3, 2019, and the appeal of plaintiff-appellant-respondent U-Trend New York Investment L.P. (U-Trend) having been perfected, And plaintiff-appellant-respondent U-Trend having moved for an order (1) directing defendant-respondent-appellant Aura Investments Ltd. (Aura) to perfect its appeal no later than April 17, 2019, (2) directing defendant and counterclaim plaintiffs-respondents Yaacov Atrakchi, Michael Kleiner and Yohai Abtan to submit their respondents' brief by April 17, 2019, and (3) granting a preference in the hearing of the appeals, Now, upon reading and filing the papers with respect to the motion and the application of defendant-respondent-appellant Aura for interim relief, and the stipulation of the parties hereto, dated April 1, 2019, "so ordered" by a Justice of this Court, and due deliberation having been had thereon, It is ordered that the motion of plaintiff-appellant-respondent U-Trend for a calendar preference and related relief is granted to the extent that the Clerk of the Court is directed to maintain the perfected appeal on the calendar for the September 2019 Term, and It is further ordered, that in accordance with the "so ordered" stipulation of the parties filed on April 1, 2019, (1) defendant-respondent-appellant Aura and defendant and counterclaim plaintiffs-respondents Yaacov Atrakchi, Michael Kleiner and Yohai Abtan shall file their brief(s) (in support of Aura's appeal and in opposition to U-Trend's appeal) on or before July 9, 2019; (2) plaintiff-appellant-respondent, U-Trend shall file its reply brief (in further support of its appeal and in opposition to Aura's appeal) on or before July 30, 2019; and defendant-respondent-appellant Aura shall file its reply brief (in further support of its appeal) on or before August 14, 2019.
ENTERED: April 30, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Ellen Gesmer Cynthia S. Kern Anil C. Singh, Justices
M-1553
Index No. 652082/14