Stewart Family LLC v Barbara Stewart .

Motion No: M-7180

Slip Opinion No: 2019 NYSlipOp 83002(U)

Decided on October 29, 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.

October 29, 2019

Stewart Family, LLC,

Plaintiff-Appellant,

v

Barbara Stewart,

Defendant-Respondent.

- - - - - - - - - - -

Barbara Stewart,

Third-Party Plaintiff,

v

William P. Stewart, Jr.,

Third-Party Defendant.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about August 16, 2019, And plaintiff-appellant having moved for a stay of execution of said order, pending hearing and determination of the appeal taken therefrom, insofar as it directed plaintiff-appellant to deliver to defendant-respondent the paintings at issue, 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 and delivery of the subject paintings to defendant-respondent is stayed on the condition that plaintiff-appellant continues to store the paintings at the non-party facility at its expense and the appeal is perfected for the February 2020 Term. ENTERED: October 29, 2019

_____________________ CLERK

PRESENT: Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Peter Tom Peter H. Moulton, Justices

M-7180

Index No. 156827/18