Richard Kallop et al. v Board of Directors for Edgewater Park Owner's Cooperative Inc. Edgewater

Motion No: M-4533

Slip Opinion No: 2017 NYSlipOp 86299(U)

Decided on September 19, 2017

Appellate Division, First 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.

September 19, 2017

Richard Kallop, et al.,

Plaintiffs-Respondents,

v

Board of Directors for Edgewater Park

Owner's Cooperative, Inc., Edgewater

Park Owners' Cooperative, Inc.,

Defendants-Appellants-Respondents,

PHH Mortgage, as agent for HSBC,

Defendant-Respondent-Appellant.

An appeal and cross appeal having been taken from an

order of the Supreme Court, Bronx County, entered on or about January 12, 2017, and the direct appeal having been perfected, And an order Of this Court having been entered on May 2, 2017 (M-1731), granting defendants-appellants-respondents a stay of the aforesaid order on condition that defendants-appellants-respondents perfect their appeal for the September 2017 Term, And an order of a Justice of this Court, dated August 21, 2017, having continued the aforesaid stay on an interim basis, pending the determination of this motion, And defendants-appellants-respondents having moved to extend the existing interim stay of enforcement of the Supreme Court order pending determination of the perfected appeal, Now, upon reading and filing the papers with respect

to the motion, and due deliberation having been had thereon, It is ordered that defendants-appellants-respondents'

motion is granted to the extent that plaintiffs' rights to

close are stayed, but such rights to close are preserved and the co-op unit is not to be sold or otherwise transferred, or any additional actions taken in furtherance of a sale to any party other than plaintiffs during the pendency of the appeal; the interim stay, dated August 21, 2017, is vacated to the extent it is inconsistent with this decision. ENTERED: September 19, 2017

_____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Richard T. Andrias Jeffrey K. Oing Anil C. Singh, Justices

M-4533

Index No. 26628/16