| Pierless Fish Corp. v 50 Carmine Rest. Assoc. |
| Motion No: 2013-02491 KC |
| Slip Opinion No: 2014 NY Slip Op 63637(U) |
| Decided on January 30, 2014 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Pierless Fish Corp., Respondent, v 50 Carmine Restaurant Assoc., Appellant. |
Motion by appellant for a stay pending the determination of an appeal from a judgment of the Civil Court of the City of New York, Kings County, entered July 29, 2013, and, in effect, to vacate any restraining notices issued with respect to the judgment.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, enforcement of the judgment entered July 29, 2013 is stayed, and the restraining notices placed upon appellant's checking accounts are lifted, pending the determination of the appeal, on condition that within 10 days from the date of this decision and order on motion appellant deposit with the Civil Court the judgment amount as an undertaking with proof thereof to be filed with this court within one business day after making such deposit and upon the further condition that the appeal be perfected on or before April 4, 2014. Upon the filing of the undertaking, the restraining notices on appellant's bank accounts are lifted; and it is further,
ORDERED that in the event that the above conditions are not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
ENTER:
Paul Kenny
Chief Clerk