Norma Knopf and Michael Knopf v Feldman & Associates PLLC As Escrow Agent and Attorney for Pursuit Holdings

Motion No: M-6877

Slip Opinion No: 2019 NYSlipOp 80167(U)

Decided on September 24, 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.

September 24, 2019

Norma Knopf and Michael Knopf,

Petitioners-Respondents,

v

Feldman & Associates, PLLC, As Escrow

Agent and Attorney for Pursuit Holdings,

LLC; Edward Feldman, As Escrow Agent

and Attorney for Pursuit Holdings, LLC,

Respondents,

Esposito, PLLC, doing business as

Esposito Partners, PLLC and Frank

Esposito,

Respondents-Appellants.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about July 11, 2019, directing the turnover of legal fees paid to respondents-appellants, And respondents-appellants having moved for a stay of execution of the aforesaid order pending hearing and determination of the appeal taken therefrom (M-3840), And petitioners-respondents having cross-moved for an order (1) requiring respondents-appellants, as an alternative to posting a bond pursuant to CPLR 5519(a)(2), to increase the deposit paid into escrow with the Chapter 7 trustee for Pursuit Holdings, LLC from $50,000 to $66,000, and (2) directing that the aforesaid funds deposited with the trustee remain in escrow pending determination of the appeal (M-6877), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion for a stay of execution of the order entered on July 11, 2019 is granted on condition that the appeal is perfected for the January 2020 Term and respondents- appellants deposit an additional $16,000 with the Chapter 7 Trustee within 10 days of the entry of this order (M-3840). The cross motion is granted to the extent that the original $50,000 deposited with the trustee, along with the additional $16,000 to be deposited pursuant to this order, shall remain in escrow pending the hearing and determination of the appeal (M-6877).ENTERED: September 24, 2019

_____________________ CLERK

PRESENT: Hon. Angela M. Mazzarelli,Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices

M-6877

M-3840

Index No. 153821/19