Appellate Division: Second Judicial Department

M143080

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2012-06794 James Dias, et al., appellants, v North True Construction Management, LLC, defendant, South 4th Street Condos, LLC, respondent. (Index No. 24348/08)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Kings County, dated May 25, 2012, inter alia, to modify a decision and order on motion of this Court dated August 1, 2012, which stayed the respondent from selling, encumbering, transferring, or hypothecating certain property located at 185 South 4th Street, Brooklyn, New York.

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 the decision and order on motion of this Court dated August 1, 2012, is amended by deleting from the first decretal paragraph thereof the words "the respondent is stayed from selling, encumbering, transferring, or hypothecating the property located at 185 South 4th Street, Brooklyn, New York," and substituting therefor the words "the respondent is directed to deposit the sum of $179,000 with its counsel to be placed in an interest bearing escrow account if the property located at 185 South 4th Street, Brooklyn, New York, is sold, encumbered, transferred, or hypothecated," and the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court