Stolzberg v Seabreeze Estates, LLC
Motion No: 2006-04355
Slip Opinion No: 2006 NYSlipOp 69476(U)
Decided on May 26, 2006
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M40200

C/nal

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. LIFSON

JOSEPH COVELLO, JJ.

2006-04355

Benjamin Stolzberg, et al., appellants, v

Seabreeze Estates, LLC, respondent.

(Index No. 2999/05)

DECISION & ORDER ON MOTION

Motion by the appellants on an appeal from an order of the Supreme Court, Queens County, dated March 28, 2006, to enjoin the respondent from taking any action to cancel the notice of pendency filed in this action, and to enjoin the respondent from selling, transferring, encumbering, or hypothecating the subject properties pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

LUCIANO, J.P., RIVERA, LIFSON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court