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LLC v. Hoti Enterprises, L.P.

Supreme Court of New York, Second Department

March 5, 2014

GECMC 2007-C1 Burnett Street, LLC, appellant,
v.
Hoti Enterprises, L.P., respondent, et al., defendants. Index No. 5006/09

DLA Piper LLP (US), New York, N.Y. (Joshua A. Sohn, George B. South III, and Jermaine L. McPherson of counsel), for appellant.

Arnold E. DiJoseph, P.C., New York, N.Y. (Arnold E. DiJoseph III, of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, SHERI S. ROMAN, JJ.

DECISION & ORDER

In an action to foreclose a consolidated mortgage, the plaintiff appeals from an amended order of the Supreme Court, Kings County (Lewis, J.), dated January 10, 2013, which, among other things, in effect, granted the motion of the defendant Hoti Enterprises, L.P., for a preliminary injunction.

ORDERED that the amended order is reversed, on the law, with costs, and the motion of the defendant Hoti Enterprises, L.P., for a preliminary injunction is denied as academic.

In light of our determination on a related appeal (see GECMC 2007-C1 Burnett St., LLC v Hoti Enterprises, L.P., ___________A.D.3d___________ [Appellate Division Docket No. 2012-04953; decided herewith]), awarding the plaintiff summary judgment on the complaint, the motion of the defendant Hoti Enterprises, L.P., for a preliminary injunction must be denied as academic (see Village/Town of Mount Kisco v Rene Dubos Ctr. for Human Envts., Inc., 12 A.D.3d 501, 502).

BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.


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