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On June 13, 2012 in 61 Fifth Ave., LLC v Wilshire Limited, Index 101995/12 (Sup.Ct., N.Y. Co., June 13, 2012) (Tingling, J.), Kucker Marino Winiarsky & Bittens, LLP represented a plaintiff who defeated the defendants’ CPLR 2004 motion for a stay which sought a delay in the court’s hearing of plaintiff’s motion for an Order authorizing plaintiff to enter the adjacent premises owned by defendant and install extensions to chimneys and exhaust flues.