| 315 Main Street Poughkeepsie, LLC v WA 319 Main, L |
| Motion No: 2008-05533 |
| Slip Opinion No: 2008 NYSlipOp 77031(U) |
| Decided on July 7, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M72696
E/cb
DAVID S. RITTER, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
ARIEL E. BELEN, JJ.
|
2008-05533 315 Main Street Poughkeepsie, LLC, appellant, v WA 319 Main, LLC, respondent. (Index No. 2086/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay enforcement of an order of the Supreme Court, Dutchess County, dated May 23, 2008, and, in effect, to enjoin the respondent from restricting access to the appellant's parking lot, pending hearing and determination of an appeal from the order.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and enforcement of the order is stayed and the respondent is enjoined from restricting access to the appellant's parking lot pending hearing and determination of the appeal on condition that (1) the appellant post an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Dutchess County, in a sum to be fixed by the Supreme Court, Dutchess County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the conduct of the appellant during the period that the stay and injunction was in effect, (2) the appeal is perfected on or before August 8, 2008; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Dutchess County, to fix the amount of the undertaking in accordance herewith; the appellants shall file the undertaking within 15 days after service upon them of a copy of the order of the Supreme Court, Dutchess County, fixing the amount thereof; and it is further,
ORDERED that in the event that the appellant fails to post the undertaking within 15 days after service upon them of a copy of the order of the Supreme Court, Dutchess County, fixing the amount thereof or fails to perfect the appeal by August 8, 2008, the court, on its own motion, may vacate the stay and injunction, or the respondent may move to vacate the stay and injunction, on three days notice.
RITTER, J.P., ANGIOLILLO, LEVENTHAL and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court