PENGUIN BROTHERS LTD v. David Spiegelman, Esq., Defendant–Respondent. (2019)

Order, Supreme Court, New York County (Nancy Bannon, J.), entered September 12, 2017, which, to the extent appealed from, granted defendant David Spiegelman's motion to dismiss the first through fourteenth causes of action as against him, unanimously reversed, on the law and per stipulation between the parties dated January 2, 2019, without costs, and the motion denied.

In a related action commenced in 2014, this Court reversed Supreme Court's grant of defendants James Robert Williams, NBUF Development Ltd., Black United Fund of New York, Inc., Inner City Strategies, and First Pro Group, Inc.'s motion to dismiss plaintiffs' first through fourteenth causes of action as against them (see D. Penguin Bros. Ltd. v. City Natl. Bank, 167 A.D.3d 467, 89 N.Y.S.3d 158 [1st Dept. 2018] ).  Acknowledging that the first through fourteenth causes of action in the instant action, commenced in 2015, are “nearly identical” to the first through fourteenth causes of action in the 2014 action, which were also asserted against him, defendant Spiegelman entered into a stipulation with plaintiffs, dated January 2, 2019, “consent[ing] to the relief sought by Appellants ․ in the 2015 Action, to wit:  modification of the Order to deny dismissal of the [first through fourteenth] causes of action against [him] ․ and waiv[ing] the right ․ to oppose the appeal in the 2015 Action.”