215 W. 84TH ST OWNER LLC v. OZSU

Index No. 151123/22. Appeal No. 16312. Case No. 2022-02619.

209 A.D.3d 401 (2022)

174 N.Y.S.3d 584

2022 NY Slip Op 05495

215 West 84th St Owner LLC, Appellant, v. Ahmet Ozsu, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 4, 2022.


Attorney(s) appearing for the Case

Rivkin Radler LLP, New York ( Jeremy B. Honig of counsel), for appellant.

Adam Leitman Bailey, P.C., New York ( Jeffrey R. Metz of counsel), for respondent.

Concur—Gische, J.P., Friedman, Scarpulla, Rodriguez, Higgitt, JJ.


Order, Supreme Court, New York County (Sabrina Kraus, J.), entered on or about June 6, 2022, which denied plaintiff's motion to vacate the court's sua sponte stay of proceedings in this action pending resolution of the parties' holdover proceeding, unanimously affirmed, with costs.

As a preliminary matter, we find that contrary to defendant's contention, the order before us is appealable as of right under CPLR 5701(a)(3), as plaintiff properly made a motion on notice...

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