Cromwell v CRP 482 Riverdale Avenue, LLC
Motion No: 2017-00206
Slip Opinion No: 2017 NY Slip Op 62697(U)
Decided on February 2, 2017
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

M225664

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2017-00206

Jerome Cromwell, et al., respondents,

v CRP 482 Riverdale Avenue, LLC,

et al., appellants.

(Index No. 7742/13)

DECISION & ORDER ON MOTION

Motion by the appellants to stay all proceedings in the above-entitled action, including the trial, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 1, 2016, or, in the alternative, to stay only the trial on the issue of damages.

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 trial in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 6, 2017, and the motion is otherwise denied; and it is further,

ORDERED that in the event the appeal is not perfected on or before March 6, 2017, 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.

AUSTIN, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court