Stuart Kreisler Elizabeth Tracy v BU Realty Corp. and Paul Bogoni .

Motion No: M-2326

Slip Opinion No: 2020 NYSlipOp 70547(U)

Decided on August 27, 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.

August 27, 2020

Stuart Kreisler, Elizabeth Tracy

Bonbrest and Kega-SP LTD.,

Plaintiffs-Respondents,

v

B-U Realty Corp. and Paul Bogoni,

Defendants-Appellants.

An appeal having been taken to this Court from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about June 2, 2020, And defendants-appellants having moved for an order staying the execution on and enforcement of the aforesaid judgment and a return of funds from defendants' bank accounts if already withdrawn by plaintiffs, pending the determination of the appeal, And an order of a Justice of this Court having been granted on July 14, 2020, staying, pending the determination of the motion, the enforcement of the judgment and temporary restraining notice placed on defendant's accounts at JP Morgan Chase NA to the extent that the accounts are used by defendants as they are customarily used in the ordinary course of defendants' business, 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 to the extent that staying the execution on and enforcement of the judgment, and the temporary restraining notice(s) placed on defendants' account(s), provided that defendants shall make expenditures from its account(s) only in the usual and ordinary course of business. ENTERED: August 27, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2326

Index No. 161021/14