| Coizza v 164-50 Crossbay Realty Corp. |
| Motion No: 2008-10856 |
| Slip Opinion No: 2009 NYSlipOp 60651(U) |
| Decided on January 14, 2009 |
| 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
M81087
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
ARIEL E. BELEN, JJ.
|
2008-10856 Eugene Coizza, et al., respondents-appellants, v 164-50 Crossbay Realty Corp. appellants- respondents. (Index No. 26004/04)
| DECISION & ORDER ON MOTION |
Motion by the appellants-respondents to stay enforcement of an order and judgment (one paper) of the Supreme Court, Queens County, entered October 30, 2008, pending hearing and determination of an appeal therefrom.
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 enforcement of so much of the order as directed the appellant-respondent 164-50 Crossbay Realty Corp. to specifically perform the subject contract of sale is granted, and enforcement of that portion of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before February 13, 2009, and the motion is otherwise denied; and it is further,
ORDERED that in the event the appeal is not perfected on or before February 13, 2009, the court, on its own motion, may vacate the stay, or the respondents-appellants may move to vacate the stay, on three days notice.
MASTRO, J.P., FLORIO, COVELLO and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court