Second Avenue Group LLC v Capdel LLC .

Motion No: M-3237

Slip Opinion No: 2018 NYSlipOp 80651(U)

Decided on August 16, 2018

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.

August 16, 2018

Second Avenue Group LLC,

Plaintiff-Appellant,

v

Capdel LLC,

Defendant-Respondent.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about June 26, 2018, And plaintiff-appellant having moved to enjoin defendant from releasing plaintiff's down payment and transferring, alienating and/or conveying a certain property pending hearing and determination of the aforesaid appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of staying the sale, transfer, alienation, and conveyance of the subject property pending hearing and determination of the appeal, on condition the appeal is perfected for the November 2018 Term.ENTERED: August 16, 2018

_____________________ CLERK

PRESENT: Hon. Judith J. Gische,Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices

M-3237

Index No. 656611/17