Simar Holding Corp. v GSC
Motion No: 2010-05450
Slip Opinion No: 2010 NY Slip Op 84662(U)
Decided on October 12, 2010
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

M109293

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

SHERI S. ROMAN, JJ.

2010-05450

Simar Holding Corp., plaintiff,

v GSC, defendant third-party plaintiff-respondent,

Jane Doe, third-party plaintiff-respondent;

Brooklyn Heights Management, Inc., et al.,

third-party defendants-appellants.

(Index No. 2645/04)

DECISION & ORDER ON MOTION

Motion by the third-party defendants-appellants to stay their obligation to transfer the subject real property to the third-party plaintiff-respondent, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated May 10, 2010. Application by the defendant third-party plaintiff-respondent and the third-party plaintiff-respondent for leave to file their affirmation in opposition, with attached exhibits, under seal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that any executed deed transferring the subject property from Brooklyn Heights Management, Inc., to the defendant third-party plaintiff-respondent or the third-party plaintiff-respondent shall be held in escrow by the attorney for the defendant third-party plaintiff-respondent and the third-party plaintiff-respondent pending hearing and determination of the appeal on condition that the appeal is perfected on or before November 12, 2010, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before November 12, 2010, the court, on its own motion, may vacate the stay, or the defendant third-party plaintiff-respondent and the third-party plaintiff-respondent may move to vacate the stay, on three days notice; and it is further,

ORDERED that the application is dismissed without prejudice to making a motion for the requested relief.

DILLON, J.P., FLORIO, BALKIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court