| Lowell Assoc. v Barney Mac LLC |
| Motion No: 570245/06 |
| Slip Opinion No: 2006 NYSlipOp 68552(U) |
| Decided on May 12, 2006 |
| Appellate Term, First Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
May 12, 2006
Lowell Assoc. v Barney Mac LLC
It is Ordered that the motion is granted only to the extent of directing the Clerk of the Civil Court - New York County - to transfer the original file in this proceeding to the Clerk of this Court. The appeal will be heard at the September 2006 term. The motion for a discretionary stay, pursuant to CPLR § 5519[c] , is denied. The appellant has a stay from the trial court on condition that the appellant files an undertaking in the sum of $200,000.oo .
By: Davis, J.P., Gangel-Jacob, Schoenfeld, J.J.
Motion No. 570245/06