789, LLC v Santana
Motion No: 2007-04705
Slip Opinion No: 2007 NYSlipOp 79788(U)
Decided on October 2, 2007
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

M60578

E/sl

STEPHEN G. CRANE, J.P.

ROBERT A. SPOLZINO

GABRIEL M. KRAUSMAN

WILLIAM E. McCARTHY, JJ.

2007-04705

789, LLC, plaintiff-respondent, v Nelson

Santana, defendant third-party plaintiff-appellant;

Emile Sayegh, third-party defendant-respondent.

(Index No. 06-19522)

DECISION & ORDER ON MOTION

Motion by the appellant to stay the release of the $160,000 down payment pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, entered April 26, 2007.

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

ORDERED that the motion is denied.

CRANE, J.P., SPOLZINO, KRAUSMAN and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court