Appellate Division: Second Judicial Department

M166047

E/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2013-10276 Waterview Towers, Inc., appellant, v 2610 Cropsey Development Corp., respondent, et al., defendants. (Index No. 11719/07)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay enforcement of so much of an order of the Supreme Court, Kings County, dated October 3, 2013, as directs it to post an undertaking in the sum of $1 million, 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 to the extent that enforcement of so much of the order as directs the appellant to post an undertaking in the sum of $1 million is stayed pending hearing and determination of the appeal on condition that the appellant (1) posts an undertaking on or before December 16, 2013, with corporate surety in the office of the Clerk of the Supreme Court, Kings County, in the sum of $250,000, in terms that the surety will indemnify the respondent if it is ultimately determined that the respondent sustained a loss due to the preliminary injunction imposed by the order of the Supreme Court, Kings County, dated January 31, 2008, and (2) perfects the appeal on or before December 27, 2013, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appellant does not comply with the foregoing , the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.

SKELOS, J.P., LEVENTHAL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court