Stolzberg v Tijuana Enterprises, Inc.
Motion No: 2006-09893
Slip Opinion No: 2006 NYSlipOp 79373(U)
Decided on November 9, 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

M46733

C/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2006-09893

Benjamin Stolzberg, appellant, v

Tijuana Enterprises, Inc., et al., respondents.

(Index No. 09893/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 22, 2006, to stay the closing of the subject property 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 granted to the extent that the net proceeds of the sale after payment of any liens and closing costs shall be placed in escrow with the seller's attorney pending hearing and determination of the appeal and the motion is otherwise denied.

GOLDSTEIN, J.P., SKELOS, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court