| Park Slope Auto Center, Inc. v Papa |
| Motion No: 2018-13463 |
| Slip Opinion No: 2020 NY Slip Op 60881(U) |
| Decided on January 15, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M268925
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2018-13463 Park Slope Auto Center, Inc., appellant, v Philip Papa, etc., et al., respondents. (Index No. 500990/18)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enjoin the respondent 651 4th Ave, LLC, or anyone acting on its behalf, from taking any action to evict it from the subject premises and to stay all proceedings in a related ejectment action pending in the Supreme Court, Kings County, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated October 25, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the respondent 651 4th Ave, LLC, or anyone acting on its behalf, is enjoined from taking any action to evict the appellant from the subject premises, located at 651 4th Avenue, Brooklyn, New York, pending hearing and determination of the appeal, on condition that the appellant posts an undertaking with corporate surety in the office of the Clerk of the Supreme Court, Kings County, in a sum to be fixed by the Supreme Court, Kings County, in terms that if the order appealed from, or any part of it, is affirmed, the surety will indemnify the respondents if it is ultimately determined that the respondents sustained a loss due to the injunction, and the motion is otherwise denied; and it is further,
ORDERED that the matter is remitted to the Supreme Court, Kings County, to fix the amount of the undertaking in accordance herewith; the appellant shall file the undertaking within 15 days after service upon it of a copy of the order of the Supreme Court, Kings County, fixing the amount thereof; and it is further,
ORDERED that in the event the undertaking is not posted in accordance with this decision and order on motion, the Court, on its own motion, may vacate the injunction, without further notice, or the respondents may move to vacate the injunction, on three days notice.
CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court