Appellate Division: Second Judicial Department

M249551

E/afa

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2017-07981, 2017-11361 Bashian & Farber, LLP, et al., appellants, v Richard Syms, et al., respondents. (Index No. 60595/14)

DECISION & ORDER ON MOTION

Motion by the appellants to stay Ruth Merns and William Raveis Real Estate Agency, or anyone acting on their behalf, from depleting, encumbering, gifting, selling, or transferring the subject premises, or, alternatively, to direct that the net proceeds of any sale of the subject premises be held in escrow, and to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from two orders of the Supreme Court, Westchester County, dated May 18, 2017, and September 15, 2017, respectively, and to direct William Raveis Real Estate Agency to disclose its file relating to the contract of sale and pending sale of the subject premises.

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 all proceedings in the above-entitled action are stayed, and the sale or transfer of the subject premises, located at 199 North Salem Road, Lewisboro, New York, to anyone other than Christopher Iannuzzi pursuant to the contract of sale dated September 28, 2017, is stayed, and the net proceeds of the sale of the subject premises (after payment of customary closing costs such as taxes and broker's fees) to Christopher Iannuzzi pursuant to the contract of sale dated September 28, 2017, shall be placed in escrow, pending hearing and determination of the appeals, and the motion is otherwise denied; and it is further,

ORDERED that the net proceeds shall be held in the escrow account of the attorney who represents Ruth Merns at the closing for the sale of the subject premises, and if Ruth Merns is not represented by an attorney at the closing, then the net proceeds shall be held in the escrow account of the appellants' attorney; and it is further,

ORDERED that Ruth Merns shall give the appellants at least 48 hours notice of the date, time, and location of the closing, and shall provide the name of the attorney who will be representing her at the closing or advise the appellants that no attorney is representing her at the closing, by email at [email protected].

MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court