Bank of America N.A. v City West Capital LLC

Motion No: M-1684

Slip Opinion No: 2020 NYSlipOp 68515(U)

Decided on July 16, 2020

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.

July 16, 2020

Bank of America, N.A.,

Plaintiff-Appellant,

v

City West Capital, LLC,

Defendant-Respondent,

Hafeez Giwa, etc., et al.,

Defendants.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about

December 20, 2019, And plaintiff-appellant having moved (M-1637) for an order pursuant to CPLR 2201 and 5519, staying a further transfer of the subject property pending the hearing and determination of the appeal, and other relief, And an interim order having been granted by a Justice of this Court, dated April 22, 2020, staying the transfer or alienation of the subject property to the extent not already transferred or alienated, and directing that defendant-respondent deposit all proceeds resulting from such acts into its counsel's escrow account, with the funds to remain in escrow until further order of this Court, And defendant-respondent, City West Capital LLC, having cross moved (M-1684) for an order terminating the injunctive and equitable relief granted by the aforementioned order of a Justice of this Court, dated April 22, 2020, and directing the release of the funds held in escrow, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it isOrdered that the motion (M-1637) is granted to the extent of continuing the escrow of the sale proceeds, as directed by the aforementioned order of a Justice of this Court, dated April 22, 2020, pending the hearing and determination of the appeal, and is otherwise denied, and it further Ordered that the cross motion (M-1684) is granted to the extent of lifting the injunction barring further transfer of the subject property, imposed by the aforementioned order of a Justice of this Court, dated on April 22, 2020, and is otherwise denied. ENTERED: JULY 16, 2020

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-1684

M-1637

Index No. 850150/16