Suttongate Holdings Limited v Laconm Management N.v. Samir Andrawos Virginia Iglesias Kashmire Investments

Motion No: M-195

Slip Opinion No: 2019 NYSlipOp 66788(U)

Decided on April 2, 2019

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.

April 2, 2019

Suttongate Holdings Limited,

Plaintiff-Appellant,

v

Laconm Management N.V., Samir Andrawos,

Virginia Iglesias, Kashmire Investments,

Ltd., Immo Kashmire Development Inc.,

Sedna Group Ltd., Kuiper Group Ltd.,

and Ourista N.V.

Defendants-Respondents.

Laconm Management N.V., et al., Counterclaim Plaintiffs-Respondents, v

Suttongate Holdings Ltd. and

Arie E. David, Counterclaim Defendants-Appellants,

----------------------------------------X

Laconm Management N.V., Barbery Group,

Ltd., and Pledge Group Holdings, Inc.,

et al., Third Party Plaintiffs-Respondents, v

Waverly Investments, Ltd. and

Arie E. David, Third Party Defendants-Appellants.

-----------------------------------------X An appeal taken from the order and judgment (one paper) of the Supreme Court, New York County, entered on or about December 21, 2018, And appellants Suttongate Holdings, Ltd., Arie E. David and Waverly Investments, Ltd. having moved for an order staying, pending the hearing and determination of the aforesaid appeal (1) their obligations to comply with the order and judgment, to the extent it requires them to cancel, transfer, assign or encumber all or any of the mortgages referenced therein, to assist in the foregoing or in the sale, pledge or financing of the real property encumbered by the mortgages, or in any other real property, or to otherwise impair any collateral or rights now held by Suttongate Holdings, Ltd. in the mortgages; (2) any effort by respondents to enforce the order and judgment; (3) the obligation of Waverly Investments Ltd. to comply with the assignment, transfer and/or cancellation of stock referenced in the order and judgment, to the extent any such obligation may exist in light of Waverly's deposit of instruments and property with the Clerk of the Supreme Court, New York County, and (4) all proceedings to enforce the order and judgment, 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 on condition that appellants perfect their appeal for the September 2019 Term. ENTERED: April 2, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom Peter H. Moulton,Justices

M-195

Index No. 652393/15