| Kohl's Dept. Stores, Inc. v 5 Star Holdings Ny, LLC |
| Motion No: 2018-01620 NC |
| Slip Opinion No: 2018 NY Slip Op 90425(U) |
| Decided on November 28, 2018 |
| 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 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Kohl's Department Stores, Inc., Respondent, v 5 Star Holdings NY, LLC, Appellant. |
Motion by respondent on an appeal from a final judgment of the District Court of Nassau County, First District, entered June 1, 2018, to vacate a stay granted by decision and order on motion of this court dated September 20, 2018. Separate motion by appellant to continue the stay.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that respondent's motion and appellant's motion are consolidated for disposition; and it is further,
ORDERED that respondent's motion to vacate the stay is granted unless within five days of the date of this decision and order on motion appellant deposits into the District Court the sum of $400,000; and it is further,
ORDERED that appellant's motion to continue the stay is granted on condition that within five days of the date of this decision and order on motion appellant deposits into the District Court the sum of $400,000 and on the further condition that appellant perfects the appeal by January 4, 2019 and continues to comply with the other conditions in this court's decision and order on motion dated September 20, 2018; in the event that appellant fails to deposit the sum of $400,000 as required, appellant's motion to continue the stay is denied and the stay is vacated.
ENTER:
Paul Kenny
Chief Clerk