BEC Capital LLC et al. v Bojan Bistrovic Marsonia Capital Management LLC and Marsonia

Motion No: M-1152

Slip Opinion No: 2019 NYSlipOp 68212(U)

Decided on April 18, 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 18, 2019

BEC Capital, LLC, et al.,

Plaintiffs-Respondents,

v

Bojan Bistrovic, Marsonia Capital

Management, LLC and Marsonia

Investment Management, LLC,

Defendants-Appellants.

Appeals having been taken from an order of the Supreme Court, New York County, entered on or about December 4, 2018, which directed defendants-appellants to produce certain source code, and from a compliance conference order of the same court, entered, on or about February 7, 2019, which precluded defendants-appellants from asserting any claims or defenses related to the source code if they did not comply with the December 4, 2018 order within 20 days, And defendants-appellants having moved for an order staying the enforcement of the aforesaid orders pending the hearing and determination of the appeals, 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 the appeals are perfected on or before July 8, 2019 for the September 2019 Term. ENTERED: April 18, 2019

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter,Justice Presiding, Sallie Manzanet-Daniels Marcy L. Kahn Ellen Gesmer Jeffrey K. Oing,Justices

M-1152

Index No. 153737/16