Leist v Tugendhaft
Motion No: 2009-03562
Slip Opinion No: 2009 NY Slip Op 70250(U)
Decided on April 22, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M85584

E/cb

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2009-03562

Ivan Leist, appellant, v Tobi Tugendhaft,

et al., respondents.

(Index No. 7809/09)

DECISION & ORDER ON MOTION

Motion by the appellant to enjoin the respondents and their agents or attorneys from conveying or transferring the subject premises or conducting a closing to convey the premises, pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated April 16, 2009.

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 the respondents and their agents or attorneys are enjoined from conveying or transferring, or conducting a closing to convey, the premises located at 217 Dune Road, Westhampton Beach, New York, pending hearing and determination of the appeal on condition that on or before May 13, 2009, the appellant (1) posts an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Suffolk County, in the sum of $1,000,000, in terms that if the order appealed from, or any part of it, is affirmed, or the appeal is dismissed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss during the period that the injunction was in effect, because of its existence, and (2) perfects the appeal; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing conditions, the court, on its own motion, may vacate the injunction, or the respondents may move to vacate the injunction, on three days notice; and it is further,

ORDERED that the respondents shall serve and file their brief, if any, on or before May 27, 2009; and it is further,

ORDERED that the appellant shall serve and file a reply brief, if any, on or before June 3, 2009.

FISHER, J.P., COVELLO, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court