Metropolitan Lofts of NY, LLC v Metroeb Realty 1, LLC
Motion No: 2019-04936
Slip Opinion No: 2019 NY Slip Op 71196(U)
Decided on May 24, 2019
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262997

E/mm

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2019-04936

Metropolitan Lofts of NY, LLC, appellant,

v Metroeb Realty 1, LLC, defendant,

Redsky Capital, LLC, et al., respondents.

(Index No. 503441/12)

DECISION & ORDER ON MOTION

Motion by the appellant to stay enforcement of an order of the Supreme Court, Kings County, dated May 1, 2019, pending hearing and determination of an appeal therefrom, and to direct that the appeal be assigned to the panel of Justices that heard and determined a related appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to stay enforcement of the order is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before June 24, 2019; and it is further,

ORDERED that in the event the appeal is not perfected on or before June 24, 2019, the Court, on its own motion, may vacate the stay, without further notice, or the respondents may move to vacate the stay, on three days notice; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court